| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 1809 FILED ON: 1/18/2023 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1993 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Kay Khan |
|---|
| 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 to strengthen emergency restraint for persons suffering dangerous or violent mental |
|---|
| 13 | 13 | | illness. |
|---|
| 14 | 14 | | _______________ |
|---|
| 15 | 15 | | PETITION OF: |
|---|
| 16 | 16 | | 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 |
|---|
| 17 | 17 | | HOUSE DOCKET, NO. 1809 FILED ON: 1/18/2023 |
|---|
| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 1993 |
|---|
| 19 | 19 | | By Representative Khan of Newton, a petition (accompanied by bill, House, No. 1993) of Kay |
|---|
| 20 | 20 | | Khan and others for legislation to allow for emergency hospitalization of persons suffering |
|---|
| 21 | 21 | | dangerous or violent mental illness. Mental Health, Substance Use and Recovery. |
|---|
| 22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 23 | 23 | | SEE HOUSE, NO. 2107 OF 2021-2022.] |
|---|
| 24 | 24 | | The Commonwealth of Massachusetts |
|---|
| 25 | 25 | | _______________ |
|---|
| 26 | 26 | | In the One Hundred and Ninety-Third General Court |
|---|
| 27 | 27 | | (2023-2024) |
|---|
| 28 | 28 | | _______________ |
|---|
| 29 | 29 | | An Act to strengthen emergency restraint for persons suffering dangerous or violent mental |
|---|
| 30 | 30 | | illness. |
|---|
| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 32 | 32 | | of the same, as follows: |
|---|
| 33 | 33 | | 1 SECTION 1. Section 12 of Chapter 123 of the General Laws, as appearing in the 2020 |
|---|
| 34 | 34 | | 2official edition, is hereby amended by inserting after the first paragraph the following |
|---|
| 35 | 35 | | 3paragraph:- |
|---|
| 36 | 36 | | 4 (a)(1) A person who is violent, homicidal, or poses a risk of serious physical harm to |
|---|
| 37 | 37 | | 5another may be hospitalized pursuant to this section for a period up to seventy-two hours. Such |
|---|
| 38 | 38 | | 6hospitalization may be based on a statement from a person who has been placed in reasonable |
|---|
| 39 | 39 | | 7fear of violent behavior and risk of serious physical harm to themselves from the person to be |
|---|
| 40 | 40 | | 8hospitalized. A person admitted pursuant to this subsection shall be entitled to appointment of |
|---|
| 41 | 41 | | 9counsel and to request an emergency hearing as provided in paragraph (b) of this section. 2 of 2 |
|---|
| 42 | 42 | | 10 SECTION 2. Section 12 of Chapter 123 of the General Laws, as so appearing, is hereby |
|---|
| 43 | 43 | | 11amended in paragraph (d) by inserting after the word “status” the following words:- |
|---|
| 44 | 44 | | 12 A person who has been hospitalized pursuant to paragraph (a)(1) of this section based on |
|---|
| 45 | 45 | | 13violent or homicidal tendency or risk of serious physical harm to another may be released only |
|---|
| 46 | 46 | | 14after three days. After release, such person shall be subject to seven days of supervision, either |
|---|
| 47 | 47 | | 15in person or by video conference, by a licensed independent clinical social worker or by a mental |
|---|
| 48 | 48 | | 16health worker affiliated with a police department. |
|---|
| 49 | 49 | | 17 SECTION 3. Section 12 of said chapter 123, as so appearing, is hereby amended by |
|---|
| 50 | 50 | | 18inserting after paragraph (e) the following paragraphs:- |
|---|
| 51 | 51 | | 19 (f) Any hospital or other facility that admits a person pursuant to this section shall be |
|---|
| 52 | 52 | | 20required to provide, on request, medical information including treatment history and medications |
|---|
| 53 | 53 | | 21prescribed to a social worker with supervisory authority over such person. |
|---|
| 54 | 54 | | 22 (g) If, in the opinion of a social worker or other mental health worker who has |
|---|
| 55 | 55 | | 23supervision over a person committed and then released under this section, that person is |
|---|
| 56 | 56 | | 24relapsing into mental illness such that he or she again presents a danger of serious harm, or is |
|---|
| 57 | 57 | | 25otherwise not compliant with treatment or supervision, that social worker or mental health |
|---|
| 58 | 58 | | 26worker shall have authority to petition for expedited readmission to the facility from which the |
|---|
| 59 | 59 | | 27person was released. Such petition shall not require initiating a new proceeding under this |
|---|
| 60 | 60 | | 28section. |
|---|