Me. Rev. Stat. » Title 34-B
Maine Revised Statutes

Me. Rev. Stat. tit. 34-B, § 3862 (2026)

Protective custody

✓ current as of May 2026
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1.  Law enforcement officer's power.  If a law enforcement officer has probable cause to believe that a person may be mentally ill and that due to that condition the person poses a likelihood of serious harm as defined in section 3801, subsection 4‑A, paragraph A, B or C, or if a law enforcement officer knows that a person has an advance health care directive authorizing mental health treatment and the officer has probable cause to believe that the person lacks capacity, the law enforcement officer:  
A. May take the person into protective custody; and   [PL 1983, c. 459, §7 (NEW).]
B. If the law enforcement officer does take the person into protective custody, shall deliver the person immediately for examination by a medical practitioner as provided in section 3862‑A or 3863 or, for a person taken into protective custody who has an advance health care directive authorizing mental health treatment, for examination as provided in Title 18‑C, section 5‑803, subsection 4 to determine the individual's capacity and the existence of conditions specified in the advance health care directive for the directive to be effective.   [PL 2019, c. 411, Pt. C, §5 (AMD); PL 2019, c. 411, Pt. D, §3 (AFF).]
When formulating probable cause, the law enforcement officer may rely upon information provided by a 3rd-party informant if the officer confirms that the informant has reason to believe, based upon the informant's recent personal observations of or conversations with a person, that the person may be mentally ill and that due to that condition the person poses a likelihood of serious harm as defined in section 3801, subsection 4‑A, paragraph A, B or C.  
[PL 2021, c. 377, §1 (AMD).]
1-A.  Law enforcement officer's power. 
[PL 1995, c. 62, §2 (RP).]
2.  Certificate not executed.  If a certificate relating to the person's likelihood of serious harm is not executed by the examiner under section 3863, and, for a person who has an advance health care directive authorizing mental health treatment, if the examiner determines that the conditions specified in the advance health care directive for the directive to be effective have not been met or, in the absence of stated conditions, that the person does not lack capacity, the officer shall:  
A. Release the person from protective custody and, with the person's permission, return the person forthwith to the person's place of residence, if within the territorial jurisdiction of the officer;   [PL 1999, c. 423, §4 (AMD).]
B. Release the person from protective custody and, with the person's permission, return the person forthwith to the place where the person was taken into protective custody; or   [PL 1999, c. 423, §4 (AMD).]
C. If the person is also under arrest for a violation of law, retain the person in custody until the person is released in accordance with the law.   [PL 1999, c. 423, §4 (AMD).]
[PL 1999, c. 423, §4 (AMD).]
3.  Certificate executed.  If the certificate is executed by the examiner under section 3863, the officer shall undertake forthwith to secure the endorsement of a judicial officer under section 3863 and may detain the person for a period of time not to exceed 18 hours as may be necessary to obtain that endorsement.  
[PL 2009, c. 651, §12 (AMD).]
3-A.  Advance health care directive effect.  If the examiner determines that the conditions specified in the advance health care directive for the directive to be effective have been met or, in the absence of stated conditions, that the person lacks capacity, the person may be treated in accordance with the terms of the advance health care directive.  
[PL 1999, c. 423, §4 (NEW).]
4.  Transportation costs.  The costs of transportation under this section must be paid in the manner provided under section 3863. Any person transporting an individual to a hospital under the circumstances described in this section shall use the least restrictive form of transportation available that meets the security needs of the situation.  
[PL 1997, c. 422, §7 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 596, §§1,2 (AMD). PL 1993, c. 596, §4 (AFF). PL 1995, c. 62, §§1,2 (AMD). PL 1997, c. 422, §§6,7 (AMD). PL 1997, c. 438, §1 (AMD). PL 1997, c. 683, §A20 (AMD). PL 1999, c. 423, §4 (AMD). PL 2007, c. 178, §1 (AMD). PL 2009, c. 651, §§11, 12 (AMD). PL 2017, c. 402, Pt. C, §97 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 411, Pt. C, §5 (AMD). PL 2019, c. 411, Pt. D, §3 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 377, §1 (AMD).
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Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1992–2022 · leading case: Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014).
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Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014). · cites it 6× “A law enforcement officer’s authority to take an individual into protective custody to be transported for a mental health examination was established by 34-B M.R.S. § 3862 (2007), 5 which stated in pertinent part: 1.”
In re Weapons Restriction of J., 2022 ME 34 (Me. 2022). · cites it 3× “was in protective custody,4 34-B M.R.S. §§ 3862, 3862-A(1)(J), (2) (2022), a doctor assessed him for approximately six hours, describing him as “possibly mildly intoxicated” and “very belligerent towards the law enforcement officers and the medical staff.”
Maguire v. Mun. of Old Orchard Beach, 783 F. Supp. 1475 (D. Me. 1992). · cites it 4× “First, title 34-B M.R.S.A. section 3862 provides: If a law enforcement officer has reasonable grounds to believe, based upon his personal observation, that a person may be mentally ill and that due to his condition, he presents a threat of imminent and substantial physical harm,…”
Buchanan Ex Rel. Est. of Buchanan v. Maine, 417 F. Supp. 2d 45 (D. Me. 2006). “34-B M.R.S.A. § 3862(1)(A). On these facts, the Deputies would have had reasonable grounds to believe the statutory criteria were met: (1) that Mr.”
In re Weapons Restriction of J., 2022 ME 34 (Me. 2022). · cites it 3× “was in protective custody,4 34-B M.R.S. §§ 3862, 3862-A(1)(J), (2) (2022), a doctor assessed him for approximately six hours, describing him as “possibly mildly intoxicated” and “very belligerent towards the law enforcement officers and the medical staff.”
Grendell v. State of Maine (D. Me. 2020). “34-B M.R.S.A. § 3862(1)(A) (West 2020) (emphasis added).”
Shulenburg v. Jamieson (Me. Super. Ct 2018). “Maine Civil Rights Act Claim Based on 34-B M.R.S. § 3862. Count ll asserts a claim under section 4682(1 A) of the Maine Civil Rights Act, which authorizes a private right of action against one who "intentionally interferes or attempts to intentionally by physical force or…”
Clifford v. Maine Gen. Med. Ctr. (Me. Super. Ct 2013). “, 34-B M.R.S.A. §3862. Furthermore, it is not clear that sh e was in .”
In re Patrick B. v. Maine Dist. Court (Me. Super. Ct 2014). “The law enforcement officer may take the patient to a "hospital", in this case the emergency room at the Eastern Maine Medical Center, where the person is to undergo a certifying examination by a medical practitioner pursuant to 34-B M.R.S. § 3862(2). That examination must take…”
— Me. Rev. Stat. tit. 34-B, § 3862(1)(A) — 2 cases
Buchanan Ex Rel. Est. of Buchanan v. Maine, 417 F. Supp. 2d 45 (D. Me. 2006). “34-B M.R.S.A. § 3862(1)(A). On these facts, the Deputies would have had reasonable grounds to believe the statutory criteria were met: (1) that Mr.”
Grendell v. State of Maine (D. Me. 2020). “34-B M.R.S.A. § 3862(1)(A) (West 2020) (emphasis added).”
— Me. Rev. Stat. tit. 34-B, § 3862(2) — 2 cases
Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014). “A law enforcement officer’s authority to take an individual into protective custody to be transported for a mental health examination was established by 34-B M.R.S. § 3862 (2007), 5 which stated in pertinent part: 1.”
In re Patrick B. v. Maine Dist. Court (Me. Super. Ct 2014). “The law enforcement officer may take the patient to a "hospital", in this case the emergency room at the Eastern Maine Medical Center, where the person is to undergo a certifying examination by a medical practitioner pursuant to 34-B M.R.S. § 3862(2). That examination must take…”
— Me. Rev. Stat. tit. 34-B, § 3862(3) — 1 case
Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014). “A law enforcement officer’s authority to take an individual into protective custody to be transported for a mental health examination was established by 34-B M.R.S. § 3862 (2007), 5 which stated in pertinent part: 1.”
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