BANGOR — A settlement appears to be close at hand in a lawsuit filed by Bangor and other communities to force the state to provide better care for the mentally ill.

The chief plaintiff, the City of Portland, appears ready to accept the settlement, the Portland Press Herald reported Thursday. If Portland decides to settle, the other plaintiffs — Bangor, Lewiston, Saco and Cumberland and Penobscot counties — are likely to follow suit.

“Bangor is not going to fly solo on this one,” said City Solicitor Erik Stumpfel.

The lawsuit, filed in January 1993, accused the McKernan administration of violating federal and state laws that guarantee treatment for people with mental illness.

In suing the state, the municipalities sought to prevent the discharge of patients from state institutions when appropriate community-based support facilities are not in place. They also said the state should guarantee treatment for all people who need it.

The proposed settlement would in effect expand the AMHI consent decree to the rest of the state, said City Solicitor Stumpfel.

That decree, the result of a 1990 lawsuit, called for the creation of more community-based services for patients discharged as part of the downsizing of the Augusta Mental Health Institute. That requirement currently only applies to patients released from AMHI and not patients from the Bangor Mental Health Institute or other institutions.

Under the proposed settlement the state must ensure that services are provided equally statewide. This does not mean that new out-patient facilities will pop up or that new beds will be made available at the state institutions, Stumpfel said. What it does mean, he said, is that funding will be leveled out throughout the state and not just targeted to AMHI consent decree patients.

Under the proposed settlement, the state would be required to set up a network of services in order for patients to be released from state institutions. This would expand coverage to about 10,000 people from the current 3,000 who are now eligible for services, said Robert Hayes, the lawyer who brought the suit.

The state would also have to provide services to everyone with severe mental disabilities, no matter what facility they are treated in.

What troubles officials in Bangor, and the other cities as well, is that no funding mechanism is put forth in the settlement. While the state says it will provide better services, it is not specifically required to pay for them.

Mayor Don Soucy termed this an unfortunate outcome. He said it is another case of government passing along unfunded mandates.

City Councilor Chris Popper was concerned that the settlement does not do enough for Bangor.

“It adequately addresses the needs of southern Maine but doesn’t do anything for Bangor,” he said.

Despite these misgivings, Popper said the city is likely to settle the suit if Portland decides to do so.

“After our discussion of the budget, do you think the city will fund the entire cost of litigation,” he asked rhetorically.

The lack of funding from the state also troubles Stumpfel. He said he’s not sure how much the cities gain from the settlement. However, he cautioned that if the matter were to go to trial, it’s hard to predict the outcome because courts can’t set legislative policy. He said it is up to the governor and state legislature to make sure adequate funding for mental health services are included in the state budget.

After reviewing a draft of the proposed settlement, Stumpfel sent a confidential memo to the City Council outlining his concerns about the agreement. The council will review the memo in an executive session before its June 13 meeting.

The matter was scheduled to go to trial next week so the plaintiffs hope to reach a decision on the settlement by Tuesday.