Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H163 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3389 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 163
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael J. Finn
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a pilot diversion program for individuals with developmental and intellectual
13	13	disabilities.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Michael J. Finn6th Hampden1/20/2023Lindsay N. Sabadosa1st Hampshire1/24/2023 1 of 5
17	17	HOUSE DOCKET, NO. 3389 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 163
19	19	By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 163) of
20	20	Michael J. Finn and Lindsay N. Sabadosa relative to establishing a pilot diversion program for
21	21	individuals with developmental and intellectual disabilities. Children, Families and Persons with
22	22	Disabilities.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing a pilot diversion program for individuals with developmental and intellectual
29	29	disabilities.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Part IV of the General Laws, as appearing in the 2020 Official Edition, is
33	33	2hereby amended by inserting after Chapter 276B the following:
34	34	3 Chapter 276C. Diversion Program for Individuals with Developmental and Intellectual
35	35	4Disabilities.
36	36	5 Section 1. The following words, as used in this chapter, shall have the following
37	37	6meanings:
38	38	7 “Court”, the Boston municipal court.
39	39	8 “Department”, the Department of Developmental Services.
40	40	9 “Development disability”, a group of conditions due to an impairment in physical,
41	41	10learning, language, or behavior areas. These conditions begin during the developmental period, 2 of 5
42	42	11may impact day-to-day functioning, and usually last throughout a person’s lifetime, including
43	43	12Fetal Alcohol Spectrum Disorders.
44	44	13 “Individual”, an adult age 18 years or older with an intellectual disability or
45	45	14developmental disability who is diverted from prosecution under the provisions of this chapter.
46	46	15 ''Intellectual disability'', a term used when there are limits to a person’s ability to learn at
47	47	16an expected level and function in daily life.
48	48	17 ''Psychiatrist'', a physician licensed pursuant to section two of chapter one hundred and
49	49	18twelve of the general laws who specializes in the practice of psychiatry.
50	50	19 Section 2. There shall be established a Pilot Program to address the unique needs of
51	51	20persons with intellectual and developmental disabilities in the criminal justice system. The
52	52	21Boston municipal courts shall have jurisdiction to divert to the department any person with a
53	53	22developmental disability or an intellectual disability who is charged with an offense or offenses
54	54	23against the commonwealth for which a term of imprisonment may be imposed, over which
55	55	24Boston municipal courts may exercise final jurisdiction, and meets the requirement set forth in
56	56	25Section 5(C) of this chapter. This pilot program shall last for 5 years, from the effective date of
57	57	26this legislation. Upon the effective date of this chapter, the Committee for Public Counsel
58	58	27Services shall be notified of the pilot program by the Massachusetts Probation Service and by the
59	59	28department.
60	60	29 Section 3. The Massachusetts Probation Service and the department shall oversee and
61	61	30develop the pilot program. Annually, both agencies shall jointly provide a report analyzing the
62	62	31number of persons who have been diverted through the pilot program, and the costs of the pilot
63	63	32program, together with recommendations for the pilot program’s future and any other relevant 3 of 5
64	64	33data. This data shall include the collection of demographic data, including but not limited to age,
65	65	34gender, race, and ethnicity. This data shall include direct interviews with program participants on
66	66	35the effectiveness of the diversion and quantitative data about the success of individuals diverted
67	67	36through the program. This report must be filed with the Speaker of the House, the Senate
68	68	37President, the Chairs of the Joint Committee on Children, Families and Persons with Disabilities,
69	69	38and the Chairs of the Joint Committee on the Judiciary. This report shall also be made publicly
70	70	39available on the department’s website.
71	71	40 The Massachusetts Probation Service in partnership with the department shall collaborate
72	72	41with all appropriate state agencies, departments, and secretariats of the commonwealth as
73	73	42necessary to develop the pilot program and provide services to individuals who are diverted
74	74	43through the program.
75	75	44 Section 4. No individual eligible under this statute shall be charged a fee for participation
76	76	45in the pilot program, including fees related to treatment, assessments, or other aspects of their
77	77	46care plan and services.
78	78	47 Section 5. Boston municipal court may approve pretrial diversion at any time after the
79	79	48filing of a criminal complaint, including prior to arraignment. An individual shall qualify for the
80	80	49pilot program and receive services and supports in lieu of prosecution and incarceration if all the
81	81	50following criteria are met:
82	82	51 (a) Diversion is requested by the individual, the individual’s attorney, or the prosecutor,
83	83	52or the court on its own motion, determines that the individual may benefit from participation in
84	84	53the pilot program; 4 of 5
85	85	54 (b) The individual has medical records diagnosing the individual with a developmental or
86	86	55intellectual disability;
87	87	56 (c) The alleged or charged offense is not a violent or dangerous crime and the individual
88	88	57does not have criminal charges pending for a violent or dangerous crime;
89	89	58 (d) The court, in reviewing the individual’s arrest or application for a complaint, and
90	90	59medical or psychological records and any other relevant documents, is satisfied that the
91	91	60individual’s developmental or intellectual disability was a factor in the commission of the
92	92	61alleged or charged offense;
93	93	62 (e) The individual consents to diversion and services from the department; and
94	94	63 (f) The court, considering the medical records of the individual and any evidence
95	95	64presented by the individual’s attorney and the prosecutor, is satisfied that if ordered to the pilot
96	96	65program the individual would not pose an unreasonable risk of danger to any other person or the
97	97	66community.
98	98	67 Section 6. When an individual is diverted through this program, an interdisciplinary team,
99	99	68including the individual and his or her guardian if any, shall be convened by the department and
100	100	69shall draft an individual care plan (ICP) including supports and services for the participant within
101	101	7014 days. Once the individual consents to the individual care plan, the department shall cause
102	102	71them to be enrolled in proposed services and notify the court in writing of this development.
103	103	72 Section 7. Once the court receives notification that the individual has been registered for
104	104	73services with the department under their new ICP, the court shall dismiss the participant’s 5 of 5
105	105	74criminal charges that were the subject of the criminal proceedings at the time of the initial
106	106	75diversion. If the court dismisses the charges, the court may order the record of the arrest sealed.