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HOUSE DOCKET, NO. 1809 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1993
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Kay Khan
_________________
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 strengthen emergency restraint for persons suffering dangerous or violent mental
illness.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kay Khan11th Middlesex1/11/2023Bud L. Williams11th Hampden1/27/2023Samantha Montaño15th Suffolk2/13/2023Carol A. Doherty3rd Bristol2/20/2023 1 of 2
HOUSE DOCKET, NO. 1809 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1993
By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1993) of Kay
Khan and others for legislation to allow for emergency hospitalization of persons suffering
dangerous or violent mental illness. Mental Health, Substance Use and Recovery.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2107 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to strengthen emergency restraint for persons suffering dangerous or violent mental
illness.
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 12 of Chapter 123 of the General Laws, as appearing in the 2020
2official edition, is hereby amended by inserting after the first paragraph the following
3paragraph:-
4 (a)(1) A person who is violent, homicidal, or poses a risk of serious physical harm to
5another may be hospitalized pursuant to this section for a period up to seventy-two hours. Such
6hospitalization may be based on a statement from a person who has been placed in reasonable
7fear of violent behavior and risk of serious physical harm to themselves from the person to be
8hospitalized. A person admitted pursuant to this subsection shall be entitled to appointment of
9counsel and to request an emergency hearing as provided in paragraph (b) of this section. 2 of 2
10 SECTION 2. Section 12 of Chapter 123 of the General Laws, as so appearing, is hereby
11amended in paragraph (d) by inserting after the word “status” the following words:-
12 A person who has been hospitalized pursuant to paragraph (a)(1) of this section based on
13violent or homicidal tendency or risk of serious physical harm to another may be released only
14after three days. After release, such person shall be subject to seven days of supervision, either
15in person or by video conference, by a licensed independent clinical social worker or by a mental
16health worker affiliated with a police department.
17 SECTION 3. Section 12 of said chapter 123, as so appearing, is hereby amended by
18inserting after paragraph (e) the following paragraphs:-
19 (f) Any hospital or other facility that admits a person pursuant to this section shall be
20required to provide, on request, medical information including treatment history and medications
21prescribed to a social worker with supervisory authority over such person.
22 (g) If, in the opinion of a social worker or other mental health worker who has
23supervision over a person committed and then released under this section, that person is
24relapsing into mental illness such that he or she again presents a danger of serious harm, or is
25otherwise not compliant with treatment or supervision, that social worker or mental health
26worker shall have authority to petition for expedited readmission to the facility from which the
27person was released. Such petition shall not require initiating a new proceeding under this
28section.