Signed by Governor Janet Mills

Vote Smart's Synopsis:

Vote to pass a bill that requires judicial hearings and evaluations for individuals in protective custody regarding risk of harm and restricting access to dangerous weapons.

Highlights:

• Requires a medical practitioner to assess whether a person taken into protective custody present a likelihood of foreseeable harm, and may consult other medical professionals  can refer the person to treatment and services if they believe the person can benefit from treatment (Part A).

• Requires a medical practitioner to notify in writing to law enforcement if the person taken into protective custody is found to present a likelihood of foreseeable harm (Part A). 

• Requires law enforcement to, as soon as possible, seek endorsement by a superior court justice, district court judge, judge of probate, or justice of the peace, of the medical practitioner’s assessment and law enforcement’s declarations that the person who was taken into protective custody and that the law enforcement officer has probable cause that the person possesses, controls, or may acquire a dangerous weapon (Part A).

• Requires the judge or justice who has been notified to properly transmit to law enforcement whether to endorse or not endorse, which authorizes law enforcement to execute authority (Part A).

• Specifies that once an assessment has been endorsed by a judicial officer, a restricted person (Part A):

• Is prohibited from possessing, controlling, acquiring, or attempting to possess, control or acquire a dangerous weapon pending the outcome of a judicial hearing; 

• Must immediately and temporarily surrender any weapons possessed, controlled, or acquired to a law enforcement officer who has authority in the jurisdiction in which the weapons are located pending the outcome of a judicial hearing; and 

• Has a right to a judicial hearing within 14 days of notice.

• Requires a law enforcement officer, as soon as possible, but no later than 24 hours after the judicial enforcement to notify a restricted person of the restrictions that have placed upon them (Part A). 

• Defines “restricted person” as a person taken into protective custody by a law enforcement officer who the officer has probable cause to believe possesses or controls, or may acquire, a dangerous weapon and who is found by a medical practitioner to present a likelihood of foreseeable harm (Part A).

• Defines “likelihood of foreseeable harm” as a substantial risk in the foreseeable future of serious physical harm to the person as manifested by recent behaviors or future threats of, or attempts at, suicide or serious self-inflicted harm (Part A).

Full Bill Text