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Resolution in Support of LD 151

Maine Sheriffs' Association

March 9, 2005

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An Act to Improve the Delivery of Maine's Mental Health Services

            WHEREAS, the Maine Sheriffs' Association has considered the adverse affect of untreated mental illness on individuals with severe mental illnesses and their families, and the general public, and the increased burden this places on Maine's county jails; and

            WHEREAS, the most common reason that individuals who suffer from severe mental illnesses are not being treated is because the illness affects their ability to recognize that they are ill and they therefore refuse treatment; and

            WHEREAS, noncompliance with treatment, specifically non-adherence to medication, is strongly associated with increased risk of violence among people with severe mental illnesses, and since 2000 there have been at least seven deaths in Maine resulting from non-treatment; and

            WHEREAS, non-adherence to medication is strongly associated with the risk of incarceration among people with severe mental illnesses, and managing individuals with mental illness in jails requires additional resources and attention; and

            WHEREAS, the most significant barrier to treatment for the most severely mentally ill are laws that prevent the treatment of individuals who refuse treatment until they pose a danger to themselves, others or property, and laws that prevent a court from ordering these individuals to take medication while living in the community; and

            WHEREAS, the consequences of non-treatment are staggering, including increased risk of arrests, incarceration, suicide, homelessness, worsening symptoms, victimization and violence; and

            WHEREAS, court-ordered treatment in the community for individuals who are in need of treatment but refuse it (also known as assisted outpatient treatment) has been shown to reduce the consequences of non-treatment; and

            WHEREAS, Maine is one of only eight states that does not allow for assisted outpatient treatment, a proven mechanism that mandates treatment in the community for individuals whose severe mental illness causes them to be unable to maintain treatment voluntarily;

            THERE, BE IT RESOLVED, that the Maine Sheriffs' Association hereby supports enacting Legislative Document 151, an assisted outpatient treatment law pending now before the 122nd Maine Legislature, that will allow for court-ordered treatment in the community for individuals who are in need of treatment but refuse it because of their illness.


Maine Sheriffs' Association
Everett B. Flannery, Jr., Sheriff

March 9, 2005

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RE: LD-151
Honorable Members of the Criminal Justice Committee:

In addition to the resolution by the Maine Sheriffs' Association in support of LD-151, 1 would like to give you an example of how this law would benefit the citizens of Maine.

You may recall an incident in Waterville on 01/28/96 were a 37 year old man was arrested for going into the Blessed Sacrament Chapel and stabbing to death a nun and critically wounding another. As you can imagine the local community was terrified and the incident also brought in the national media. Everyone wanted to know, "How could this have happened?"

The suspect had had numerous dealings with local and county law enforcement prior to this horrific Murder. Days prior to the Murder the suspect had stopped taking his medication and has happened in his past dealings began to display irrational behavior. The suspect would refuse to take his medication to a point where he would become a danger to himself or someone else and would be taken into protective custody by law enforcement. On 0 1/28/96 he went to the local chapel and committed the above acts of violence. This happened because he refused to take his medication and even though his family and local law enforcement tried to help him days before the 28th nothing could be done until it was too late!

LD- 151 is a bill that the suspect his victims and the community could have benefited from. When this man had shown his propensity to commit acts of violence before the 28th part of his court order could have been "intensive community treatment" making him accountable for not taking his medication, which would only serve to benefit the community, his family and himself.

Please show your support for this bill, which can truly provide tremendous benefits to all citizens of Maine.

Respectfully submitted,

Everett B. Flannery, Jr., Sheriff

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