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HOUSE DOCKET, NO. 3314 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1694
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mathew J. Muratore
_________________
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 to provide critical community health services.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mathew J. Muratore1st Plymouth1/10/2023Susannah M. Whipps2nd Franklin1/25/2023John J. CroninWorcester and Middlesex2/3/2023Jennifer Balinsky Armini8th Essex2/4/2023Hannah Kane11th Worcester2/9/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/9/2023Steven S. Howitt4th Bristol2/9/2023Alyson M. Sullivan-Almeida7th Plymouth2/9/2023Marc T. Lombardo22nd Middlesex2/14/2023Rodney M. Elliott16th Middlesex2/16/2023David Allen Robertson19th Middlesex2/16/2023James B. EldridgeMiddlesex and Worcester2/18/2023Bruce E. TarrFirst Essex and Middlesex2/21/2023Kay Khan11th Middlesex2/23/2023Marcus S. Vaughn9th Norfolk3/1/2023Bradley H. Jones, Jr.20th Middlesex3/14/2023 1 of 8
HOUSE DOCKET, NO. 3314 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 1694
By Representative Muratore of Plymouth, a petition (accompanied by bill, House, No. 1694) of
Mathew J. Muratore and others for legislation to create a new court-supervised community-based
mental health treatment process. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to provide critical community health services.
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. Section 1 of chapter 123 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the definition of “Commissioner” the
3following definitions:-
4 “Critical community health services”, health, behavioral health and social services that
5can be provided in a community setting and do not require continuous inpatient hospitalization.
6 “Critical community health service treatment plan”, a plan defining a set of health,
7behavioral health or social services delivered to an individual.
8 SECTION 2. Said section 1 of said chapter 123, as so appearing, is hereby further
9amended by inserting after the definition of “Funds” the following definition:-
10 “Gravely disabled”, a condition evidenced by behavior in which a person, as a result of a
11mental illness, is at substantial risk of inflicting serious harm to self or others, or is in danger of 2 of 8
12serious physical harm resulting from a failure to provide for his or her essential human needs of
13health or safety; or manifests severe deterioration in routine functioning evidenced by repeated
14and escalating loss of cognitive or volitional control over his or her actions; and has shown an
15inability to provide for his or her basic physical needs, including medical and psychiatric
16treatment and shelter, because of the mental illness.
17 SECTION 3. Said section 1 of said chapter 123, as so appearing, is hereby further
18amended by inserting after the definition of “Superintendent” the following definition:-
19 “Supervising mental health professional”, a mental health services provider who is
20required pursuant to such practice to obtain a license from the commonwealth or who, at the
21discretion of the court, is deemed suitable to supervise a critical community health service
22treatment plan.
23 SECTION 4. Said chapter 123 is hereby further amended by inserting after section 8 the
24following section:-
25 Section 8 1/2. (a) Any physician licensed pursuant to section 2 of chapter 112, the
26department of mental health, the superintendent of a medical facility or residence where the
27individual receives medical care, or the medical director of the Bridgewater state hospital, or the
28spouse, blood relative, legal relative, legal guardian or individual partner in a substantive dating
29relationship, shall be authorized to petition for an order of a critical community health service
30treatment plan in the district court in whose jurisdiction a facility is located that shall provide
31such services, for any individual who:
32 (1) has a primary diagnosis of a serious mental illness; 3 of 8
33 (2) is at least 18 years old; and
34 (3) meets the following criteria:
35 (i) is gravely disabled;
36 (ii) has a history of lack of compliance with treatment for mental illness that, prior to the
37filing of the petition, has been a significant factor in: (A) necessitating, at least twice within the
38previous 36 months, hospitalization or receipt of mental health services in a forensic or
39department of correction facility or house of corrections or the Bridgewater state hospital; or (B)
40the commission of one or more acts of serious violent behavior toward self or others or threats
41of, or attempts at, serious physical harm to self or others within the previous 36 months;
42 (iii) is in need of, based on the individual’s treatment history and current behavior,
43critical community health services in order to prevent a relapse or deterioration that would likely
44result in serious harm to the individual or others; and
45 (iv) is likely to benefit from critical community health services.
46 The petition shall include a written critical community health service treatment plan
47prepared in consultation with, when possible, those familiar with the individual, the
48superintendent or physician in charge of the care of the individual or those familiar with the case
49history of the individual. The treatment plan shall include:
50 (1) a statement of the requirements for supervision, medication, and assistance in
51obtaining basic necessities such as employment, food, clothing, and shelter;
52 (2) if known, the address of the residence where the individual resides and the name of
53the person or persons in charge of the residence; 4 of 8
54 (3) if known, the name and address of any person, agency, or organization assigned to
55supervise a critical community health service treatment plan or care for the individual; and
56 (4) the conditions for continued receipt of critical community health services, which may
57require reporting, continuation of medication, submission to testing, or other reasonable
58conditions.
59 (b) A petition for critical community health services may be filed along with, and as an
60alternative to, a petition for inpatient commitment under section 7.
61 (c) A hearing shall be commenced within 4 days of the filing of the petition. The periods
62of time prescribed or allowed under the provisions of this section shall be computed pursuant to
63Rule 6 of the Massachusetts Rules of Civil Procedure. Adjournments shall be permitted only for
64good cause shown. In granting adjournments, the court shall consider the need for further
65examination by a physician or the potential need to provide treatment expeditiously.
66 (d) A court may not issue a critical community health service treatment plan unless it
67finds that providing critical community health services is the least restrictive alternative available
68to the person.
69 (e) If, after the hearing, the court finds by clear and convincing evidence that the
70individual who is the subject of the petition meets the criteria for critical community health
71services included in subsection (a), the court may order the supervising mental health
72professional of an appropriate treatment program to supervise the plan for such services.
73 Critical community health services shall not be ordered unless the court approves a
74written critical community health service treatment plan presented to the court which conforms 5 of 8
75to the requirements of this section and which contains the name of the designated director of the
76facility that will supervise and administer the service plan.
77 (f) The first order for critical community health services shall not exceed 180 days, and
78any subsequent order shall not exceed 365 days.
79 (g) Before an order for critical community health services can commence, the individual
80shall be provided with copies of the court order and full explanations of the approved service
81plan. The approved service plan shall be filed with the court and the supervising mental health
82professional in charge of the individual's service plan.
83 (h) During any period in which an individual receives critical community health services,
84the individual or the supervising mental health professional may petition the court to amend the
85critical community health service treatment plan. The court may order an amended service plan
86or, if contested, the court may order a hearing on the amended plan. If an amended service plan
87is contested, the party wishing to amend the service plan shall provide the opposing party the
88proposed amended service plan at least 7 days before the filing of a petition.
89 (i) A supervising mental health professional may petition the court for a hearing if the
90supervising mental health professional has determined that the individual is not complying with
91the critical community health service treatment plan.
92 When a supervising mental health professional determines that the individual has not
93complied with any condition of the service plan, that monitor shall notify the court of the
94conditions of the treatment plan that have been violated. Upon receiving notice from the
95supervising mental health professional, the court shall appoint counsel, if necessary, and
96schedule a service plan non-compliance hearing for a date no less than 7 days and not more than 6 of 8
9714 days after receiving said petition, except in extraordinary circumstances, as determined by the
98court. The court shall create a standard “notice of service plan non-compliance” form, which the
99monitor shall complete with the times and dates of the alleged non-compliance of the individual.
100 The notice of service plan non-compliance shall set forth the conditions of the plan that
101the supervising mental health professional alleges have not been complied with and shall order
102the individual to appear at a specific date and time for the non-compliance hearing, and shall be
103delivered to all parties to the original proceeding under which the service plan order was issued.
104 Service plan non-compliance hearings shall proceed in two distinct steps, the first to
105adjudicate the factual issue of whether the plan is being complied with and the second to
106determine the disposition of the matter, if plan non-compliance is found by the court to have
107occurred.
108 If the court finds that the individual has not complied with one or more conditions of the
109service plan as alleged, the supervising mental health professional shall recommend to the court
110a course of immediate action and may present argument and evidence in support of that
111recommendation. If the court determines that the individual is not complying with the terms of
112the order, the court may amend the service plan as the court deems necessary. The amended
113order may alter the service plan, or the court may request, under the provisions of section 12 of
114 this chapter, an emergency evaluation to determine whether the failure to hospitalize the
115individual would create a likelihood of serious harm.
116 (j) The supervising mental health professional shall require periodic reports, not more
117frequently than every 30 days, concerning the condition of individuals receiving critical 7 of 8
118community health services from any person, agency, or organization assigned to treat such
119individuals.
120 (k) The supervising mental health professional shall review the condition of an individual
121ordered to receive critical community services at least once every 30 days.
122 (l) The supervising mental health professional may, at any time, petition the court for
123termination of an individual’s critical community health service plan if the supervising mental
124health professional determines that critical community health services are no longer the least
125restrictive appropriate treatment available.
126 (m) Nothing in this section shall prevent the supervising mental health professional from
127authorizing involuntary commitment and treatment in cases of emergency under section 12 of
128this chapter.
129 (n) The individual or their representative may petition for termination of an order for
130critical community health services.
131 (o) All hearings under this section shall be conducted by a judge consistent with the
132requirements of this chapter and applicable law with such flexibility and informality as the court
133may deem appropriate. The individual shall be entitled to the assistance of counsel, and the court,
134if necessary, shall appoint counsel. All testimony shall be taken under oath. The standard of
135proof at such hearing will be that of clear and convincing evidence.
136 (p) Reasonable expense incurred in providing critical community health services may be
137paid for out of the estate of the individual, by the petitioner or by the commonwealth, as may be
138determined by the court. 8 of 8
139 SECTION 5. Section 9 of said chapter 123, as so appearing, is hereby amended by
140inserting after the words “of section eight B.”, in line 39, the following words:- Any person may
141apply to the court stating their belief that an individual currently receiving critical community
142health services under section 8 1/2 should no longer be so treated.