Maine Revised Statutes

Me. Rev. Stat. tit. 15, § 103 (2026)

Commitment following acceptance of negotiated insanity plea or following verdict or finding of insanity

✓ current as of May 2026

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When a court accepts a negotiated plea of not criminally responsible by reason of insanity or when a defendant is found not criminally responsible by reason of insanity by jury verdict or court finding, the judgment must so state. In those cases the court shall order the person committed to the custody of the Commissioner of Health and Human Services to be placed in an appropriate institution for the care and treatment of persons with mental illness or in an appropriate residential program that provides care and treatment for persons who have intellectual disabilities or autism for care and treatment. Upon placement in the appropriate institution or residential program and in the event of transfer from one institution or residential program to another of persons committed under this section, notice of the placement or transfer must be given by the commissioner to the committing court. [PL 2011, c. 542, Pt. A, §10 (AMD).]

When a person who has been evaluated on behalf of a court by the State Forensic Service is committed into the custody of the Commissioner of Health and Human Services pursuant to this section, the court shall order that the State Forensic Service share any information it has collected or generated with respect to the person with the institution or residential program in which the person is placed. [PL 2013, c. 424, Pt. B, §3 (AMD).]

As used in this section, "not criminally responsible by reason of insanity" has the same meaning as in Title 17‑A, section 39 and includes any comparable plea, finding or verdict in this State under former section 102; under a former version of Title 17-A, section 39; under former Title 17-A, section 58; or under former section 17-B, chapter 149 of the Revised Statutes of 1954. [PL 2005, c. 263, §1 (NEW).]

SECTION HISTORY

PL 1981, c. 493, §2 (AMD). RR 1995, c. 2, §27 (COR). PL 1995, c. 286, §1 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B7 (REV). PL 2005, c. 263, §1 (AMD). PL 2009, c. 268, §4 (AMD). PL 2011, c. 542, Pt. A, §10 (AMD). PL 2013, c. 424, Pt. B, §3 (AMD).

Notes of Decisions

Cited in 28 cases, 1971–2017 · leading case: James v. State, 2008 ME 122 (Me. 2008).

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James v. State, 2008 ME 122 (Me. 2008). · cites it 23× “for care and treatment" pursuant to 15 M.R.S. § 103 (2007). The order did not state whether James was to be committed to DHHS custody before or after serving the remainder of his prison sentence.”

Laurie A. Beal v. State of Maine, 2016 ME 169 (Me. 2016). · cites it 5× “See 15 M.R.S.A. § 103 (2003). 1 In October 2015, following a series of placements in several psychiatric facilities, Beal filed a petition for discharge from the custody of the Commissioner of DHHS pursuant to 15 M.”

Beauchene v. Dep't of Health & Human Servs., 2009 ME 24 (Me. 2009). · cites it 6× “BACKGROUND [¶ 2] In 1970, following a jury determination that Beauchene was “not guilty by reason of mental disease or defect” of the crime of murder, pursuant to 15 M.R.S.A. § 103 (1964), 1 Beauchene was ordered to be placed under the care and custody of the Commissioner of…”

Taylor v. Comm'r of Mental Health & Mental Retardation, 481 A.2d 139 (Me. 1984). · cites it 3× “As directed by 15 M.R.S.A. § 103 (1980), the Superior Court automatically committed him to the custody of the Commissioner of Mental Health and Corrections.”

Begin v. State, 153 A.3d 93 (Me. 2016). · cites it 5× “See 15 M.R.S.A. § 103 (Supp. 2002); 17-A M.R.”

State of Maine v. Richard Griffin, 2017 ME 79 (Me. 2017). · cites it 2× “” 15 M.R.S. §§ 103, 104-Ad) (2016). 3 2. Lack of a Culpable State of Mind [¶ 12] Alternatively, evidence of a defendant’s mental condition may negate the mens rea element of a crime.”

State v. Beauchene, 541 A.2d 914 (Me. 1988). · cites it 3× “Pursuant to 15 M.R.S.A. § 103 the presiding justice committed Beauchene to the custody of the Commissioner of Mental Health and Corrections, who placed him at AMHI.”

Green v. Comm'r of Mental Health & Mental Retardation, 2000 ME 92 (Me. 2000). · cites it 2× “In July 1997, she was found not criminally responsible by reason of insanity and was automatically committed to AMHI pursuant to 15 M.R.S.A. § 103 (Supp.1999). In October 1997, Green filed a petition for release to a residential treatment program.”

Gessner v. State, 166 A.3d 980 (Me. 2017). · cites it 2× “) committed him to the custody of the Commissioner of Health and Human Services, see 15 M.R.S. § 103 (2011). 1 [¶4] Gessner. was ultimately transferred to Riverview on February 20, 2016, as a result of that commitment.”

State v. OKIE, 2010 ME 6 (Me. 2010). · cites it 3× “See 15 M.R.S. §§ 103, 104-A (2009). The court denied Okie’s proposed instruction.”

Green v. Comm'r of the Dep't of Mental Health, Mental Retardation & Substance Abuse Servs., 2001 ME 86 (Me. 2001). “2000); 15 M.R.S.A. § 103 (Supp.2000). She is diagnosed with bipolar disorder, for which she takes mood-stabilizing and anti-depressive medications.”

Michael J. James v. State of Maine, 2015 ME 111 (Me. 2015). · cites it 3× “; see 15 M.R.S. § 103 (2007). 1 In July 2007, James was placed at Riverview Psychiatric Center (Riverview).”

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