Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1270

Introduced
2/16/23  

Caption

Relative to protective custody

Impact

If enacted, S1270 will solidify the legal framework regulating protective custody in Massachusetts, ensuring that the transport and evaluation processes are standardized. It will ensure continuity in the coverage of a subject’s rights to medical treatment during custody, addressing potential gaps that may currently exist in the law. This act reflects an overarching commitment to safeguarding mental health and substance use treatment protocols, thereby potentially enhancing the quality of care for individuals in crisis situations.

Summary

Senate Bill S1270, filed by Bruce E. Tarr, proposes amendments to Section 9A of Chapter 111E concerning protective custody. The bill specifically addresses the conditions under which protective custody remains in effect during the necessary transport, screening, and evaluation for treatment. This update aims to ensure that individuals taken into protective custody are adequately cared for during transport to medical facilities, thus reinforcing their rights to receive immediate medical attention if required during emergencies.

Contention

While the bill primarily serves to clarify and strengthen existing laws, it could foster discussions regarding the appropriateness and methods of transporting individuals in protective custody. Some may raise concerns about the implications for personal freedoms and the criteria used for protective custody. The inclusion of medical evaluation during transport could provoke debate around the training of personnel involved in these procedures, as well as the balance between public safety and the rights of individuals apprehended under such circumstances.

Companion Bills

MA S2642

Replaced by Order relative to authorizing the joint committee on Mental Health, Substance Use and Recovery to make an investigation and study of certain current Senate documents relative to mental health, substance use and recovery matters.

Similar Bills

No similar bills found.