Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1241 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1764 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1241
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Cronin
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 :John J. CroninWorcester and Middlesex 1 of 2
17	17	SENATE DOCKET, NO. 1764 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 1241
19	19	By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1241) of John J. Cronin for
20	20	legislation to strengthen emergency restraint for persons suffering dangerous or violent mental
21	21	illness. Mental Health, Substance Use and Recovery.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1269 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 12 of Chapter 123 of the General Laws, as appearing in the 2016 official edition,
34	34	2is hereby amended by:-
35	35	3 Adding paragraph (a)(1): “A person who is violent, homicidal, or poses a risk of serious
36	36	4physical harm to another may be hospitalized pursuant to this section for a period up to seventy-
37	37	5two hours. Such hospitalization may be based on a statement from a person who has been placed
38	38	6in reasonable fear of violent behavior and risk of serious physical harm to themselves from the
39	39	7person to be hospitalized.” A person admitted pursuant to this subsection shall be entitled to
40	40	8appointment of counsel and to request an emergency hearing as provided in paragraph (b) of this
41	41	9section.” 2 of 2
42	42	10 In paragraph (d), adding the sentence “A person who has been hospitalized pursuant to
43	43	11paragraph (a)(1) of this section based on violent or homicidal tendency or risk of serious physical
44	44	12harm to another may be released only after three days. After release, such person shall be subject
45	45	13to seven days of supervision, either in person or by video conference, by a licensed independent
46	46	14clinical social worker, or by a mental health worker affiliated with a police department.
47	47	15 Adding paragraph (f): “Any hospital or other facility that admits a person pursuant to this
48	48	16section shall be required to provide, on request, medical information including treatment history
49	49	17and medications prescribed to a social worker with supervisory authority over such person.”
50	50	18 Adding paragraph (g): “If, in the opinion of a social worker or other mental health worker
51	51	19who has supervision over a person committed and then released under this section, that person is
52	52	20relapsing into mental illness such that he or she again presents a danger of serious harm, or is
53	53	21otherwise not compliant with treatment or supervision, that social worker or mental health
54	54	22worker shall have authority to petition for expedited readmission to the facility from which the
55	55	23person was released. Such petition shall not require initiating a new proceeding under this
56	56	24section.