Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1993

Introduced
2/16/23  

Caption

To strengthen emergency restraint for persons suffering dangerous or violent mental illness

Impact

One of the critical implications of HB 1993 is its potential effect on both mental health treatment and public safety laws. By enabling quicker hospitalization for individuals considered dangerous, the bill aims to mitigate risks to the community while also providing individuals with mental health issues the supervision they may require to prevent further harm. After being released, individuals will be subject to a minimum of seven days of monitoring by licensed professionals or social workers, which ensures a continuous oversight mechanism, potentially aiding in recovery and treatment adherence.

Summary

House Bill 1993 is an Act aimed at strengthening the protocols for emergency restraint and hospitalization of individuals suffering from dangerous or violent mental illness. The bill amends Section 12 of Chapter 123 of the Massachusetts General Laws to allow for the hospitalization of persons deemed violent or a risk of serious harm to others for up to seventy-two hours. This hospitalization can be initiated based on a statement from a person who feels threatened, which notably gives victims a degree of agency in the process. Importantly, individuals hospitalized under this section have the right to legal counsel and can request an emergency hearing regarding their treatment and confinement.

Contention

The bill does raise notable points of contention regarding the balance between public safety and individual rights. Legislators and mental health advocates may debate the ethics of involuntary hospitalization, as well as the effectiveness of such measures in actually mitigating risk rather than merely addressing symptoms. While proponents argue that the ability to hospitalize individuals quickly is necessary for public safety, critics may express concerns regarding the due process afforded to those being hospitalized, especially regarding the potential for abuse of power or misjudgment regarding an individual's mental health status. The emphasis on future treatment compliance after release further complicates the conversation, as it raises questions about the adequacy of community resources and support for those exiting emergency care.

Companion Bills

MA S1241

Similar To To strengthen emergency restraint for persons suffering dangerous or violent mental illness

MA H2012

Similar To Creating a commission to reform Section 12

MA H4712

Replaced by Matters before the joint committee on mental health, substance use and recovery

Previously Filed As

MA S1241

To strengthen emergency restraint for persons suffering dangerous or violent mental illness

MA SB2128

Strengthening Medicaid for Serious Mental Illness Act

MA HB4331

Strengthening Medicaid for Serious Mental Illness Act

MA HB3320

Strengthening Medicaid for Serious Mental Illness Act

MA HB589

Provides relative to civil involuntary outpatient treatment for persons suffering from mental illness

MA H1972

Expanding access to mental health services and strengthening risk assessment protocols

MA HB3715

Relating to persons with mental illness; declaring an emergency.

MA S1381

Expanding access to mental health services and strengthening risk assessment protocols

MA H2219

Expanding access to mental health services and strengthening risk assessment protocols

MA HB4074

Relating to persons with mental illness.

Similar Bills

No similar bills found.