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Police outline differences between Maine's current extreme-risk law and proposed 'red flag' bill
Summary
Police Chief Rumsey told the Council about the existing extreme risk protection process (often called a yellow-flag law), its procedures and standards, and the differences that would come with the proposed LD 1387 red-flag law: private petitions, lower burdens at hearing, and no district attorney representation for the petitioner.
Police Chief Rumsey gave a technical briefing to the Council on Oct. 27 comparing the existing Maine statute for extreme risk protection orders (commonly labeled a "yellow flag" law) to a proposed bill sometimes called a "red flag" law (LD 1387).
RUMSEY'S SUMMARY: The existing law (Title 34‑B §3862a) allows only law enforcement to initiate an extreme risk protection order after taking a person into protective custody and obtaining a medical evaluation. "When we take someone into protective custody, we are arresting their movement," Rumsey said. The process includes a medical assessment, a court application and, at a subsequent judicial hearing, the state must prove the case by a clear…
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