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