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