Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3939 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4280 FILED ON: 4/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3939
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James J. O'Day
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 relative to the well-being of new mothers and infants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester4/20/2023Jessica Ann Giannino16th Suffolk6/14/2023 1 of 16
16	16	HOUSE DOCKET, NO. 4280 FILED ON: 4/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3939
18	18	By Representative O'Day of West Boylston, a petition (subject to Joint Rule 12) of James J.
19	19	O'Day relative to the mental well-being of new mothers facing criminal charges. The Judiciary.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to the well-being of new mothers and infants.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 1 of Chapter 123 of the General Laws, as so appearing, is hereby
29	29	2amended by inserting at the end thereof the following new definitions:-
30	30	3 “Postpartum psychosis”, the most severe of the perinatal mood and anxiety disorders
31	31	4whereby an individual experiences alternating states of depression and/or mania (euphoria) and
32	32	5loses touch with reality. Postpartum psychosis severely impairs an individual’s thinking and
33	33	6judgment, with symptoms including, but not limited to, hallucinations and/or delusions,
34	34	7cognitive confusion and disorientation, disorganized or racing thoughts, minimal need for sleep,
35	35	8delirium, and excessive restlessness, such as pacing.
36	36	9 “Postpartum depression”, a mood disorder which includes a variety of moderate to severe
37	37	10symptoms of depression, severe anxiety, panic attacks and/or intrusive distressing obsessive
38	38	11thoughts and compulsive ritualistic behavior. Clinical symptoms of depression include, but are
39	39	12not limited to: insomnia and sleep disturbances; loss of pleasure and motivation in usual 2 of 16
40	40	13activities, including lack of interest in the infant sad and depressed mood; lack of clarity in
41	41	14thinking; lack of appetite or interest in eating; feelings of hopelessness, worthlessness and poor
42	42	15self-esteem; extreme fatigue; suicidal thoughts; not feeling like oneself; feeling overwhelmed
43	43	16and unable to cope with life’s demands.
44	44	17 SECTION 2. (a) As used in this section, “perinatal” shall refer to the period of time from
45	45	18pregnancy up until one year following birth.
46	46	19 (b) The department of public health may consult with health care providers, including,
47	47	20but not limited to, obstetricians, gynecologists, pediatricians, primary care providers, nurse
48	48	21midwives, psychiatrists, and mental health clinicians, non-profit organizations, community
49	49	22organizations, organizations providing prenatal childbirth education, and health insurance
50	50	23carriers regarding development of a comprehensive digital resource center on perinatal mood and
51	51	24anxiety disorders, including but not limited to postpartum depression and postpartum psychosis.
52	52	25The department shall create, maintain, and update this digital resource center, which shall be free
53	53	26and available to the public, and shall include information and resources for health care providers
54	54	27and organizations serving perinatal individuals to aid them in treating or making appropriate
55	55	28referrals for individuals experiencing perinatal psychiatric complications, as well as information
56	56	29and resources for perinatal individuals and their families to aid them in understanding and
57	57	30identifying perinatal mood and anxiety disorders and how to navigate available resources.
58	58	31 (c) The department shall issue regulations that require health care providers and
59	59	32organizations providing services to perinatal individuals, including, but not limited to,
60	60	33obstetricians, gynecologists, pediatricians, primary care providers, nurse midwives, psychiatrists,
61	61	34and mental health clinicians, non-profit organizations, community organizations, and 3 of 16
62	62	35organizations providing prenatal childbirth education, to provide information to perinatal
63	63	36individuals and their families about how to access the digital resource center described in
64	64	37subsection (b), or to provide hard copies of the materials included in the digital resource center to
65	65	38individuals unable to access digital resources.
66	66	39 (d) The commissioner of public health shall issue an annual summary of the use of the
67	67	40digital resource center described in subsection (b), including but not limited to which portions of
68	68	41the resource center were the most and least utilized by visitors, and shall annually file the
69	69	42summary with the clerks of the house of representatives and the senate not later than June 30;
70	70	43provided, however, that the first report is due not later than the June 30 following publication of
71	71	44the digital resource center.
72	72	45 SECTION 3. Section 15 of chapter 123 of the General Laws, as so appearing, is hereby
73	73	46amended by inserting after the word “psychologists”, in lines 7 and 8, the following words:
74	74	47provided however, that a defendant who gave birth within 12 months prior to the crime for which
75	75	48the defendant has been charged shall undergo a screening for perinatal psychiatric complications
76	76	49by a treating physician, psychiatrist or psychologist or other qualified physician or psychologist.
77	77	50 SECTION 4. Subsection (a) of section 15 of chapter 123 of the General Laws, as so
78	78	51appearing, is hereby amended by inserting at the end thereof the following new sentence:- When
79	79	52an examination is ordered for a female defendant who suffers or suffered, at the time the crime
80	80	53for which the defendant has been charged with occurred, from mental illness related to a
81	81	54perinatal psychiatric complication such as postpartum psychosis or postpartum depression, said
82	82	55examination shall be conducted by an expert in reproductive psychiatry within 48 hours of such
83	83	56order. 4 of 16
84	84	57 SECTION 5. Section 16 of chapter 123 of the General Laws, as so appearing, is hereby
85	85	58amended by inserting at the end thereof the following new subsection:-
86	86	59 (g) Any person committed to a facility under the provisions of this section who suffers
87	87	60from mental illness related to a perinatal psychiatric complication such as postpartum psychosis
88	88	61or postpartum depression shall receive a diagnosis and treatment plan made in consultation with
89	89	62an expert in reproductive psychiatry. Additional services, including but not limited to parenting
90	90	63assessment, parenting capacity building, and parent-child dyadic therapy shall be made available
91	91	64if deemed appropriate by the consulting expert.
92	92	65 SECTION 6. Chapter 123 of the General Laws, as so appearing, is hereby amended by
93	93	66adding the following section:- Section 37. (a) The department shall appoint a community
94	94	67program director to coordinate the department’s role provided for in this section in a particular
95	95	68county or region.
96	96	69 (b) Any person committed to a state hospital or other treatment facility under the
97	97	70provisions of section 16 may be placed on outpatient status, from that commitment subject to the
98	98	71procedures and provisions of this section.
99	99	72 (c) In the case of any person charged with and found incompetent to stand trial or not
100	100	73guilty by reason of mental illness or mental defect in such proceedings of murder, a violation in
101	101	74which the victim suffers intentionally inflicted great bodily injury, or an act which poses a
102	102	75serious threat of bodily harm to another person, outpatient status under this section shall not be
103	103	76available until that person has actually been confined in a state hospital or other treatment facility
104	104	77for 180 days or more after having been committed under the provisions of law specified in
105	105	78section 16, unless the court finds a suitable placement, including, but not limited to, an outpatient 5 of 16
106	106	79placement program, that would provide the person with more appropriate mental health
107	107	80treatment and the court finds that the placement would not pose a danger to the health or safety
108	108	81of others, including, but not limited to, the safety of the victim and the victim’s family.
109	109	82 (d) In the case of any person charged with and found incompetent to stand trial or not
110	110	83 guilty by reason of mental illness or mental defect of any misdemeanor or any felony
111	111	84other than those described in subsection (c), or found not guilty of any misdemeanor by reason of
112	112	85mental illness or mental defect outpatient status under this section may be granted by the court
113	113	86prior to actual confinement in a state hospital or other treatment facility under the provisions of
114	114	87law specified in section 16.
115	115	88 (e) Before any person subject to the provisions of subsection (d) may be placed on
116	116	89outpatient status, the court shall consider all of the following criteria:
117	117	90 (i) In the case of a person who is an inpatient, whether the director of the state hospital or
118	118	91other treatment facility to which the person has been committed advises the court that the
119	119	92defendant will not be a danger to the health and safety of others while on outpatient status, and
120	120	93will benefit from such outpatient status.
121	121	94 (ii) In all cases, whether the community program director or a designee advises the court
122	122	95that the defendant will not be a danger to the health and safety of others while on outpatient
123	123	96status, will benefit from such status, and identifies an appropriate program of supervision and
124	124	97treatment. In the case of a female defendant who suffers from mental illness related to a perinatal
125	125	98psychiatric complication such as postpartum psychosis or postpartum depression, an appropriate
126	126	99treatment program shall be identified in consultation with an expert in reproductive psychiatry.
127	127	100Additional services, including but not limited to parenting assessment, parenting capacity 6 of 16
128	128	101building and parent-child dyadic therapy shall also be made available if deemed appropriate by
129	129	102the consulting expert.
130	130	103 (f) Prior to determining whether to place the person on outpatient status, the court shall
131	131	104provide actual notice to the prosecutor and defense counsel, and to the victim, and shall hold a
132	132	105hearing at which the court may specifically order outpatient status for the person.
133	133	106 (g) The community program director or a designee shall prepare and submit the
134	134	107evaluation and the treatment plan specified in paragraph (ii) of subsection (e) to the court within
135	135	10815 calendar days after notification by the court to do so, except that in the case of a person who
136	136	109is an inpatient, the evaluation and treatment plan shall be submitted within 30 calendar days after
137	137	110notification by the court to do so.
138	138	111 (h) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
139	139	112subsection (e) shall include review and consideration of complete, available information
140	140	113regarding the circumstances of the criminal offense and the person’s prior criminal history.
141	141	114 (i) Before any person subject to subsection (c) of this section may be placed on outpatient
142	142	115status the court shall consider all of the following criteria:
143	143	116 (i) Whether the director of the state hospital or other treatment facility to which the
144	144	117person has been committed advises the committing court and the prosecutor that the defendant
145	145	118would no longer be a danger to the health and safety of others, including himself or herself,
146	146	119while under supervision and treatment in the community, and will benefit from that status.
147	147	120 (ii) Whether the community program director advises the court that the defendant will
148	148	121benefit from that status, and identifies an appropriate program of supervision and treatment. In 7 of 16
149	149	122the case of a female defendant who suffers from mental illness related to a perinatal psychiatric
150	150	123complication such as postpartum psychosis or postpartum depression, an appropriate treatment
151	151	124program shall be identified in consultation with an expert in reproductive psychiatry. Additional
152	152	125services, including but not limited to parenting assessment, parenting capacity building and
153	153	126parent-child dyadic therapy shall also be made available if deemed appropriate by the consulting
154	154	127expert.
155	155	128 (j) Prior to release of a person under subsection (c), the prosecutor shall provide notice of
156	156	129the hearing date and pending release to the victim or next of kin of the victim of the offense for
157	157	130which the person was committed where a request for the notice has been filed with the court, and
158	158	131after a hearing in court, the court shall specifically approve the recommendation and plan for
159	159	132outpatient status. The burden shall be on the victim or next of kin to the victim to keep the court
160	160	133apprised of the party’s current mailing address.
161	161	134 (k) In any case in which the victim or next of kin to the victim has filed a request for
162	162	135notice with the director of the state hospital or other treatment facility, he or she shall be notified
163	163	136by the director at the inception of any program in which the committed person would be allowed
164	164	137any type of day release unattended by the staff of the facility.
165	165	138 (l) The community program director shall prepare and submit the evaluation and the
166	166	139treatment plan specified in paragraph (ii) of subsection (i) to the court within 30 calendar days
167	167	140after notification by the court to do so.
168	168	141 (m) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
169	169	142subsection (i) shall include review and consideration of complete, available information
170	170	143regarding the circumstances of the criminal offense and the person’s prior criminal history. 8 of 16
171	171	144 (n) Upon receipt by the committing court of the recommendation of the director of the
172	172	145state hospital or other treatment facility to which the person has been committed that the person
173	173	146may be eligible for outpatient status as set forth in paragraph (i) of subsection (e) or (i) of this
174	174	147section, the court shall immediately forward such recommendation to the community program
175	175	148director, prosecutor, and defense counsel. The court shall provide copies of the arrest reports and
176	176	149the state summary criminal history information to the community program director.
177	177	150 (o) Within 30 calendar days the community program director or a designee shall submit
178	178	151to the court and, when appropriate, to the director of the state hospital or other treatment facility,
179	179	152a recommendation regarding the defendant’s eligibility for outpatient status, as set forth in
180	180	153paragraph (ii) of subsection (e) or (i) and the recommended plan for outpatient supervision and
181	181	154treatment. The plan shall set forth specific terms and conditions to be followed during outpatient
182	182	155status. The court shall provide copies of this report to the prosecutor and the defense counsel.
183	183	156 (p) The court shall calendar the matter for hearing within 15 business days of the receipt
184	184	157of the community program director’s report and shall give notice of the hearing date to the
185	185	158prosecutor, defense counsel, the community program director, and, when appropriate, to the
186	186	159director of the state hospital or other facility. In any hearing conducted pursuant to this section,
187	187	160the court shall consider the circumstances and nature of the criminal offense leading to
188	188	161commitment and shall consider the person’s prior criminal history.
189	189	162 (q) The court shall, after a hearing in court, either approve or disapprove the
190	190	163recommendation for outpatient status. If the approval of the court is given, the defendant shall be
191	191	164placed on outpatient status subject to the terms and conditions specified in the supervision and
192	192	165treatment plan. If the outpatient treatment occurs in a county other than the county of 9 of 16
193	193	166commitment, the court shall transmit a copy of the case record to the superior court in the county
194	194	167where outpatient treatment occurs, so that the record will be available if revocation proceedings
195	195	168are initiated pursuant to subsection (w) or (x).
196	196	169 (r) The department shall be responsible for the supervision of persons placed on
197	197	170outpatient status under this title. The commissioner shall designate, for each county or region, a
198	198	171community program director who shall be responsible for administering the community
199	199	172treatment programs for persons committed from that county or region under the provisions
200	200	173specified in subsection (b).
201	201	174 (s) The department shall notify in writing the chief justice of the trial court, the district
202	202	175attorney of each county, and the executive director of the committee on public counsel services
203	203	176as to the person designated to be the community program director for each county or region, and
204	204	177timely written notice shall be given whenever a new community program director is to be
205	205	178designated.
206	206	179 (t) The community program director shall be the outpatient treatment supervisor of
207	207	180persons placed on outpatient status under this section. The community program director may
208	208	181delegate the outpatient treatment supervision responsibility to a designee.
209	209	182 (u) The outpatient treatment supervisor shall, at 90-day intervals following the beginning
210	210	183of outpatient treatment, submit to the court, the prosecutor and defense counsel, and to the
211	211	184community program director, where appropriate, a report setting forth the status and progress of
212	212	185the defendant.
213	213	186 (v) Outpatient status shall be for a period not to exceed 1 year. At the end of the period of
214	214	187outpatient status approved by the court, the court shall, after actual notice to the prosecutor, the 10 of 16
215	215	188defense counsel, and the community program director, and after a hearing in court, either
216	216	189discharge the person from commitment under appropriate provisions of the law, order the person
217	217	190confined to a treatment facility, or renew its approval of outpatient status. Prior to such hearing,
218	218	191the community program director shall furnish a report and recommendation to the medical
219	219	192director of the state hospital or other treatment facility, where appropriate, and to the court,
220	220	193which the court shall make available to the prosecutor and defense counsel. The person shall
221	221	194remain on outpatient status until the court renders its decision unless hospitalized under other
222	222	195provision of the law. The hearing pursuant to the provisions of this section shall be held no later
223	223	196than 30 days after the end of the 1 year period of outpatient status unless good cause exists. The
224	224	197court shall transmit a copy of its order to the community program director or a designee.
225	225	198 (w) If at any time during the outpatient period, the outpatient treatment supervisor is of
226	226	199the opinion that the person requires extended inpatient treatment or refuses to accept further
227	227	200outpatient treatment and supervision, the community program director shall notify the superior
228	228	201court in either the county which approved outpatient status or in the county where outpatient
229	229	202treatment is being provided of such opinion by means of a written request for revocation of
230	230	203outpatient status. The community program director shall furnish a copy of this request to the
231	231	204defense counsel and to the prosecutor in both counties if the request is made in the county of
232	232	205treatment rather than the county of commitment. Within 15 business days, the court where the
233	233	206request was filed shall hold a hearing and shall either approve or disapprove the request for
234	234	207revocation of outpatient status. If the court approves the request for revocation, the court shall
235	235	208order that the person be confined in a state hospital or other treatment facility approved by the
236	236	209community program director. The court shall transmit a copy of its order to the community
237	237	210program director or a designee. Where the county of treatment and the county of commitment 11 of 16
238	238	211differ and revocation occurs in the county of treatment, the court shall enter the name of the
239	239	212committing county and its case number on the order of revocation and shall send a copy of the
240	240	213order to the committing court and the prosecutor and defense counsel in the county of
241	241	214commitment.
242	242	215 (x) If at any time during the outpatient period the prosecutor is of the opinion that the
243	243	216person is a danger to the health and safety of others while on that status, the prosecutor may
244	244	217petition the court for a hearing to determine whether the person shall be continued on that status.
245	245	218Upon receipt of the petition, the court shall calendar the case for further proceedings within 15
246	246	219business days and the clerk shall notify the person, the community program director, and the
247	247	220attorney of record for the person of the hearing date. Upon failure of the person to appear as
248	248	221noticed, if a proper affidavit of service has been filed with the court, the court may issue a capias
249	249	222to compel the attendance of such person. If, after a hearing in court conducted using the same
250	250	223standards used in conducting probation revocation hearings pursuant to section 3 of chapter 279,
251	251	224the judge determines that the person is a danger to the health and safety of others, the court shall
252	252	225order that the person be confined in a state hospital or other treatment facility which has been
253	253	226approved by the community program director.
254	254	227 (y) Upon the filing of a request for revocation under subsection (w) or subsection (x) and
255	255	228pending the court’s decision on revocation, the person subject to revocation may be confined in a
256	256	229facility designated by the community program director when it is the opinion of that director that
257	257	230the person will now be a danger to self or to another while on outpatient status and that to delay
258	258	231confinement until the revocation hearing would pose an imminent risk of harm to the person or
259	259	232to another. The facility so designated shall continue the patient’s program of treatment, shall
260	260	233provide adequate security so as to ensure both the safety of the person and the safety of others in 12 of 16
261	261	234the facility, and shall, to the extent possible, minimize interference with the person’s program of
262	262	235treatment. Upon the request of the community program director or a designee, a peace officer
263	263	236shall take, or cause to be taken, the person into custody and transport the person to a facility as
264	264	237described in subsection (z) and designated by the community program director for confinement
265	265	238under this section. Within 1 business day after the person is confined in a jail under this section,
266	266	239the community program director shall apply in writing to the court for authorization to confine
267	267	240the person pending the hearing under subsection (w) or subsection (x). The application shall be
268	268	241in the form of a declaration, and shall specify the behavior or other reason justifying the
269	269	242confinement of the person in a jail. Upon receipt of the application for confinement, the court
270	270	243shall consider and rule upon it, and if the court authorizes detention in a jail, the court shall
271	271	244actually serve copies of all orders and all documents filed by the community program director
272	272	245upon the prosecuting and defense counsel. The community program director shall notify the
273	273	246court in writing of the confinement of the person and of the factual basis for the opinion that the
274	274	247immediate confinement in a jail was necessary. The court shall supply a copy of these documents
275	275	248to the prosecutor and defense counsel.
276	276	249 (z) The facility designated by the community program director may be a state hospital, a
277	277	250local treatment facility, a county jail, or any other appropriate facility, so long as the facility can
278	278	251continue the person’s program of treatment, provide adequate security, and minimize
279	279	252interference with the person’s program of treatment. If the facility designated by the community
280	280	253program director is a county jail, the patient shall be separated from the general population of the
281	281	254jail. A county jail may not be designated unless the services specified above are provided, and
282	282	255accommodations are provided which ensure both the safety of the person and the safety of the
283	283	256general population of the jail. Within 3 business days of the patient’s confinement in a jail, the 13 of 16
284	284	257community program director shall report to the court regarding what type of treatment the patient
285	285	258is receiving in the facility. If there is evidence that the treatment program is not being complied
286	286	259with, or accommodations have not been provided which ensure both the safety of the committed
287	287	260person and the safety of the general population of the jail, the court shall order the person
288	288	261transferred to an appropriate facility, including an appropriate state hospital.
289	289	262 (aa) A resentencing hearing shall be allowed in the following cases, in addition to those
290	290	263permitted under other sections:
291	291	264 At the time of the offense, the defendant was suffering from a serious perinatal
292	292	265psychiatric complication, a mental illness such as postpartum depression or postpartum
293	293	266psychosis, which though insufficient to establish the defense of insanity, substantially affected
294	294	267his or her ability to understand his or her acts or to conform his or her conduct to the
295	295	268requirements of the law.
296	296	269 At the time of the offense, the defendant was suffering from postpartum depression or
297	297	270postpartum psychosis which was either undiagnosed by a qualified medical professional
298	298	271(physician, psychiatrist or psychologist) or untreated or unsuccessfully treated, and this
299	299	272temporary mental illness tended to excuse or justify the defendant’s criminal conduct and was
300	300	273not used in trial or sentencing.
301	301	274 (bb) Nothing in this section shall prevent hospitalization pursuant to the provisions of
302	302	275section 12.
303	303	276 (cc) A person whose confinement in a treatment facility under subsection (w) or
304	304	277subsection (x) is approved by the court shall not be released again to outpatient status unless
305	305	278court approval is obtained under subsection (e) or subsection (i). 14 of 16
306	306	279 (dd) No person who is on outpatient status pursuant to this section shall leave this state
307	307	280without first obtaining prior written approval to do so from the committing court. The prior
308	308	281written approval of the court for the person to leave this state shall specify when the person may
309	309	282leave, when the person is required to return, and may specify other conditions or limitations at
310	310	283the discretion of the court. The written approval for the person to leave this state may be in a
311	311	284form and format chosen by the committing court.
312	312	285 (ee) In no event shall the court give written approval for the person to leave this state
313	313	286without providing notice to the prosecutor, the defense counsel, and the community program
314	314	287director. The court may conduct a hearing on the question of whether the person should be
315	315	288allowed to leave this state and what conditions or limitations, if any, should be imposed.
316	316	289 (ff) Any person who violates subsection (dd) is guilty of a misdemeanor and upon
317	317	290conviction shall by punished by imprisonment for not more than 6 months in a house of
318	318	291correction or by a fine of not more than $1,000.
319	319	292 (gg) The department shall be responsible for the community treatment and supervision of
320	320	293judicially committed patients. These services shall be available on a county or regional basis.
321	321	294The department may provide these services directly or through contract with private providers.
322	322	295The program or programs through which these services are provided shall be known as the
323	323	296forensic conditional release program.
324	324	297 (hh) The department shall contact all regional mental health programs by January 1,
325	325	2982024, to determine their interest in providing an appropriate level of supervision and treatment of
326	326	299judicially committed patients at reasonable cost. Regional mental health programs may agree or
327	327	300refuse to operate such a program. 15 of 16
328	328	301 (ii) No later than January 1, 2025, and by January 1 of each subsequent year, all state
329	329	302hospitals or other treatment facilities participating in the forensic conditional release program
330	330	303shall report to the commissioner the following information: (i) the cost of the program to the
331	331	304facility; (ii) the demographic profiles of persons receiving supervision and treatment in the
332	332	305program; and (iii) the rates of adherence to treatment under the program.
333	333	306 (jj) No later than January 1, 2025, and by January 1 of each subsequent year, the chief
334	334	307justice of the trial court shall report to the commissioner the following information: rates and
335	335	308types of reoffense while these persons are served by the program and after their discharge.
336	336	309 (kk) The department shall conduct yearly evaluations of the forensic conditional release
337	337	310program. An evaluation of the program shall determine its effectiveness in successfully
338	338	311reintegrating these persons into society after release from state institutions. This evaluation of
339	339	312program effectiveness shall include, but not be limited to, a determination of the rates of
340	340	313reoffense while these persons are served by the program and after their discharge. This
341	341	314evaluation shall also address the effectiveness of the various treatment components of the
342	342	315program and their intensity.
343	343	316 (ll) The department shall ensure consistent data gathering and program standards for use
344	344	317statewide by the forensic conditional release program.
345	345	318 (mm) The department of correction, and the executive office of public safety and security
346	346	319shall cooperate with the department in conducting this evaluation.
347	347	320 (nn) The administrators and the supervision and treatment staff of the forensic conditional
348	348	321release program shall not be held criminally or civilly liable for any criminal acts committed by
349	349	322the persons on parole or judicial commitment status who receive supervision or treatment. 16 of 16
350	350	323 (oo) The court retains jurisdiction over the person until the end of the period of the
351	351	324assisted outpatient treatment established under this section or until the court finds that the person
352	352	325no longer meets the criteria in this section.
353	353	326 SECTION 7. In all cases in which the penalty of life imprisonment without the possibility
354	354	327of parole may be authorized, mitigating circumstances shall be any factors proffered by the
355	355	328defendant or the commonwealth which are relevant to a finding that a defendant suffered from
356	356	329mental illness related to a perinatal psychiatric complication such as postpartum psychosis or
357	357	330postpartum depression at the time the offense was committed.