Maine Revised Statutes Title 34-B Sec. 5606 – Violations
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1. Reportable events. Any alleged violation of the rights of a person receiving services must be reported immediately to the advocacy agency designated pursuant to Title 5, section 19502, referred to in this subsection as “the agency,” and to the Attorney General’s office.
A. The agency shall investigate each alleged violation pursuant to section 5005?A. [PL 2013, c. 310, §8 (AMD).]
B. The agency may independently pursue a complaint or may pursue administrative, legal and other appropriate remedies on behalf of an individual with intellectual disabilities or autism. The agency may refuse to take action on any alleged violation that it considers to be trivial, to be moot or to lack merit or for which there is clearly another remedy available or may refer an individual who is the subject of an alleged violation to another agency or entity and collaborate with that agency or entity for the purpose of advocating for the rights and dignity of that individual. [PL 2013, c. 310, §8 (AMD).]
[PL 2013, c. 310, §8 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 34-B Sec. 5606
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Habilitation: means the process by which an individual is assisted to acquire and maintain those life skills that enable that individual to cope with the demands of that individual's own person and environment, to raise the level of that individual's physical, mental and social efficiency and to upgrade that individual's sense of well-being, including, but not limited to, programs of formal, structured education and treatment. See Maine Revised Statutes Title 34-B Sec. 5601
- Intellectual disability: means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. See Maine Revised Statutes Title 34-B Sec. 5001
- Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
- Person receiving services: means a person with an intellectual disability or autism receiving services from the department or from an agency or facility licensed or funded to provide services to persons with intellectual disabilities or autism except those presently serving sentences for crime. See Maine Revised Statutes Title 34-B Sec. 5601
- Treatment: means the prevention or amelioration of physical and mental disabilities or illness of a person or any actions or services designed to assist the person to maximize the person's independence and potential. See Maine Revised Statutes Title 34-B Sec. 5601
2. Civil liability. Any person who violates or abuses any rights or privileges of persons receiving services granted by this subchapter is liable for damages as determined by law.
A. Civil damages may be awarded for negligent or intentional violations of this subchapter. [PL 1983, c. 459, §7 (NEW).]
B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to a civil action under this subchapter. [PL 1993, c. 326, §10 (AMD).]
[PL 1993, c. 326, §10 (AMD).]
3. Prohibited acts; penalty; defense. A person is guilty of violation of the rights of a person with an intellectual disability or autism who is receiving services if that person intentionally violates or abuses any rights or privileges of persons receiving services granted by this subchapter.
A. Violation of the rights of a person with an intellectual disability or autism who is receiving services is a Class E crime. [PL 2011, c. 542, Pt. A, §130 (AMD).]
B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to prosecution under this subchapter. [PL 1993, c. 326, §10 (AMD).]
[PL 2011, c. 542, Pt. A, §130 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 326, §10 (AMD). PL 2005, c. 457, §OO3 (AMD). PL 2005, c. 457, §OO5 (AFF). PL 2005, c. 519, §RR3 (AMD). PL 2005, c. 519, §RR4 (AFF). PL 2007, c. 356, §26 (AMD). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §130 (AMD). PL 2011, c. 657, Pt. EE, §11 (AMD). PL 2013, c. 310, §8 (AMD). PL 2021, c. 284, Pt. A, §3 (AMD).