Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2398 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2597 FILED ON: 5/5/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2398
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
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 :Joan B. LovelySecond Essex 1 of 16
16	16	SENATE DOCKET, NO. 2597 FILED ON: 5/5/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2398
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2398) (subject to Joint Rule 12) of
19	19	Joan B. Lovely for legislation relative to the well-being of new mothers and infants. The
20	20	Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the well-being of new mothers and infants.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of Chapter 123 of the General Laws, as so appearing, is hereby
30	30	2amended by inserting at the end thereof the following new definitions:-
31	31	3 “Postpartum psychosis”, the most severe of the perinatal mood and anxiety disorders
32	32	4whereby an individual experiences alternating states of depression and/or mania (euphoria) and
33	33	5loses touch with reality. Postpartum psychosis severely impairs an individual’s thinking and
34	34	6judgment, with symptoms including, but not limited to, hallucinations and/or delusions,
35	35	7cognitive confusion and disorientation, disorganized or racing thoughts, minimal need for sleep,
36	36	8delirium, and excessive restlessness, such as pacing.
37	37	9 “Postpartum depression”, a mood disorder which includes a variety of moderate to severe
38	38	10symptoms of depression, severe anxiety, panic attacks and/or intrusive distressing obsessive
39	39	11thoughts and compulsive ritualistic behavior. Clinical symptoms of depression include, but are
40	40	12not limited to: insomnia and sleep disturbances; loss of pleasure and motivation in usual 2 of 16
41	41	13activities, including lack of interest in the infant sad and depressed mood; lack of clarity in
42	42	14thinking; lack of appetite or interest in eating; feelings of hopelessness, worthlessness and poor
43	43	15self-esteem; extreme fatigue; suicidal thoughts; not feeling like oneself; feeling overwhelmed
44	44	16and unable to cope with life’s demands.
45	45	17 SECTION 2. (a) As used in this section, “perinatal” shall refer to the period of time from
46	46	18pregnancy up until one year following birth.
47	47	19 (b) The department of public health may consult with health care providers, including,
48	48	20but not limited to, obstetricians, gynecologists, pediatricians, primary care providers, nurse
49	49	21midwives, psychiatrists, and mental health clinicians, non-profit organizations, community
50	50	22organizations, organizations providing prenatal childbirth education, and health insurance
51	51	23carriers regarding development of a comprehensive digital resource center on perinatal mood and
52	52	24anxiety disorders, including but not limited to postpartum depression and postpartum psychosis.
53	53	25The department shall create, maintain, and update this digital resource center, which shall be free
54	54	26and available to the public, and shall include information and resources for health care providers
55	55	27and organizations serving perinatal individuals to aid them in treating or making appropriate
56	56	28referrals for individuals experiencing perinatal psychiatric complications, as well as information
57	57	29and resources for perinatal individuals and their families to aid them in understanding and
58	58	30identifying perinatal mood and anxiety disorders and how to navigate available resources.
59	59	31 (c) The department shall issue regulations that require health care providers and
60	60	32organizations providing services to perinatal individuals, including, but not limited to,
61	61	33obstetricians, gynecologists, pediatricians, primary care providers, nurse midwives, psychiatrists,
62	62	34and mental health clinicians, non-profit organizations, community organizations, and 3 of 16
63	63	35organizations providing prenatal childbirth education, to provide information to perinatal
64	64	36individuals and their families about how to access the digital resource center described in
65	65	37subsection (b), or to provide hard copies of the materials included in the digital resource center to
66	66	38individuals unable to access digital resources.
67	67	39 (d) The commissioner of public health shall issue an annual summary of the use of the
68	68	40digital resource center described in subsection (b), including but not limited to which portions of
69	69	41the resource center were the most and least utilized by visitors, and shall annually file the
70	70	42summary with the clerks of the house of representatives and the senate not later than June 30;
71	71	43provided, however, that the first report is due not later than the June 30 following publication of
72	72	44the digital resource center.
73	73	45 SECTION 3. Section 15 of chapter 123 of the General Laws, as so appearing, is hereby
74	74	46amended by inserting after the word “psychologists”, in lines 7 and 8, the following words:
75	75	47provided however, that a defendant who gave birth within 12 months prior to the crime for which
76	76	48the defendant has been charged shall undergo a screening for perinatal psychiatric complications
77	77	49by a treating physician, psychiatrist or psychologist or other qualified physician or psychologist.
78	78	50 SECTION 4. Subsection (a) of section 15 of chapter 123 of the General Laws, as so
79	79	51appearing, is hereby amended by inserting at the end thereof the following new sentence:- When
80	80	52an examination is ordered for a female defendant who suffers or suffered, at the time the crime
81	81	53for which the defendant has been charged with occurred, from mental illness related to a
82	82	54perinatal psychiatric complication such as postpartum psychosis or postpartum depression, said
83	83	55examination shall be conducted by an expert in reproductive psychiatry within 48 hours of such
84	84	56order. 4 of 16
85	85	57 SECTION 5. Section 16 of chapter 123 of the General Laws, as so appearing, is hereby
86	86	58amended by inserting at the end thereof the following new subsection:-
87	87	59 (g) Any person committed to a facility under the provisions of this section who suffers
88	88	60from mental illness related to a perinatal psychiatric complication such as postpartum psychosis
89	89	61or postpartum depression shall receive a diagnosis and treatment plan made in consultation with
90	90	62an expert in reproductive psychiatry. Additional services, including but not limited to parenting
91	91	63assessment, parenting capacity building, and parent-child dyadic therapy shall be made available
92	92	64if deemed appropriate by the consulting expert.
93	93	65 SECTION 6. Chapter 123 of the General Laws, as so appearing, is hereby amended by
94	94	66adding the following section:- Section 37. (a) The department shall appoint a community
95	95	67program director to coordinate the department’s role provided for in this section in a particular
96	96	68county or region.
97	97	69 (b) Any person committed to a state hospital or other treatment facility under the
98	98	70provisions of section 16 may be placed on outpatient status, from that commitment subject to the
99	99	71procedures and provisions of this section.
100	100	72 (c) In the case of any person charged with and found incompetent to stand trial or not
101	101	73guilty by reason of mental illness or mental defect in such proceedings of murder, a violation in
102	102	74which the victim suffers intentionally inflicted great bodily injury, or an act which poses a
103	103	75serious threat of bodily harm to another person, outpatient status under this section shall not be
104	104	76available until that person has actually been confined in a state hospital or other treatment facility
105	105	77for 180 days or more after having been committed under the provisions of law specified in
106	106	78section 16, unless the court finds a suitable placement, including, but not limited to, an outpatient 5 of 16
107	107	79placement program, that would provide the person with more appropriate mental health
108	108	80treatment and the court finds that the placement would not pose a danger to the health or safety
109	109	81of others, including, but not limited to, the safety of the victim and the victim’s family.
110	110	82 (d) In the case of any person charged with and found incompetent to stand trial or not
111	111	83guilty by reason of mental illness or mental defect of any misdemeanor or any felony other than
112	112	84those described in subsection (c), or found not guilty of any misdemeanor by reason of mental
113	113	85illness or mental defect outpatient status under this section may be granted by the court prior to
114	114	86actual confinement in a state hospital or other treatment facility under the provisions of law
115	115	87specified in section 16.
116	116	88 (e) Before any person subject to the provisions of subsection (d) may be placed on
117	117	89outpatient status, the court shall consider all of the following criteria:
118	118	90 (i) In the case of a person who is an inpatient, whether the director of the state hospital or
119	119	91other treatment facility to which the person has been committed advises the court that the
120	120	92defendant will not be a danger to the health and safety of others while on outpatient status, and
121	121	93will benefit from such outpatient status.
122	122	94 (ii) In all cases, whether the community program director or a designee advises the court
123	123	95that the defendant will not be a danger to the health and safety of others while on outpatient
124	124	96status, will benefit from such status, and identifies an appropriate program of supervision and
125	125	97treatment. In the case of a female defendant who suffers from mental illness related to a perinatal
126	126	98psychiatric complication such as postpartum psychosis or postpartum depression, an appropriate
127	127	99treatment program shall be identified in consultation with an expert in reproductive psychiatry.
128	128	100Additional services, including but not limited to parenting assessment, parenting capacity 6 of 16
129	129	101building and parent-child dyadic therapy shall also be made available if deemed appropriate by
130	130	102the consulting expert.
131	131	103 (f) Prior to determining whether to place the person on outpatient status, the court shall
132	132	104provide actual notice to the prosecutor and defense counsel, and to the victim, and shall hold a
133	133	105hearing at which the court may specifically order outpatient status for the person.
134	134	106 (g) The community program director or a designee shall prepare and submit the
135	135	107evaluation and the treatment plan specified in paragraph (ii) of subsection (e) to the court within
136	136	10815 calendar days after notification by the court to do so, except that in the case of a person who
137	137	109is an inpatient, the evaluation and treatment plan shall be submitted within 30 calendar days after
138	138	110notification by the court to do so.
139	139	111 (h) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
140	140	112subsection (e) shall include review and consideration of complete, available information
141	141	113regarding the circumstances of the criminal offense and the person’s prior criminal history.
142	142	114 (i) Before any person subject to subsection (c) of this section may be placed on outpatient
143	143	115status the court shall consider all of the following criteria:
144	144	116 (i) Whether the director of the state hospital or other treatment facility to which the
145	145	117person has been committed advises the committing court and the prosecutor that the defendant
146	146	118would no longer be a danger to the health and safety of others, including himself or herself,
147	147	119while under supervision and treatment in the community, and will benefit from that status.
148	148	120 (ii) Whether the community program director advises the court that the defendant will
149	149	121benefit from that status, and identifies an appropriate program of supervision and treatment. In 7 of 16
150	150	122the case of a female defendant who suffers from mental illness related to a perinatal psychiatric
151	151	123complication such as postpartum psychosis or postpartum depression, an appropriate treatment
152	152	124program shall be identified in consultation with an expert in reproductive psychiatry. Additional
153	153	125services, including but not limited to parenting assessment, parenting capacity building and
154	154	126parent-child dyadic therapy shall also be made available if deemed appropriate by the consulting
155	155	127expert.
156	156	128 (j) Prior to release of a person under subsection (c), the prosecutor shall provide notice of
157	157	129the hearing date and pending release to the victim or next of kin of the victim of the offense for
158	158	130which the person was committed where a request for the notice has been filed with the court, and
159	159	131after a hearing in court, the court shall specifically approve the recommendation and plan for
160	160	132outpatient status. The burden shall be on the victim or next of kin to the victim to keep the court
161	161	133apprised of the party’s current mailing address.
162	162	134 (k) In any case in which the victim or next of kin to the victim has filed a request for
163	163	135notice with the director of the state hospital or other treatment facility, he or she shall be notified
164	164	136by the director at the inception of any program in which the committed person would be allowed
165	165	137any type of day release unattended by the staff of the facility.
166	166	138 (l) The community program director shall prepare and submit the evaluation and the
167	167	139treatment plan specified in paragraph (ii) of subsection (i) to the court within 30 calendar days
168	168	140after notification by the court to do so.
169	169	141 (m) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
170	170	142subsection (i) shall include review and consideration of complete, available information
171	171	143regarding the circumstances of the criminal offense and the person’s prior criminal history. 8 of 16
172	172	144 (n) Upon receipt by the committing court of the recommendation of the director of the
173	173	145state hospital or other treatment facility to which the person has been committed that the person
174	174	146may be eligible for outpatient status as set forth in paragraph (i) of subsection (e) or (i) of this
175	175	147section, the court shall immediately forward such recommendation to the community program
176	176	148director, prosecutor, and defense counsel. The court shall provide copies of the arrest reports and
177	177	149the state summary criminal history information to the community program director.
178	178	150 (o) Within 30 calendar days the community program director or a designee shall submit
179	179	151to the court and, when appropriate, to the director of the state hospital or other treatment facility,
180	180	152a recommendation regarding the defendant’s eligibility for outpatient status, as set forth in
181	181	153paragraph (ii) of subsection (e) or (i) and the recommended plan for outpatient supervision and
182	182	154treatment. The plan shall set forth specific terms and conditions to be followed during outpatient
183	183	155status. The court shall provide copies of this report to the prosecutor and the defense counsel.
184	184	156 (p) The court shall calendar the matter for hearing within 15 business days of the receipt
185	185	157of the community program director’s report and shall give notice of the hearing date to the
186	186	158prosecutor, defense counsel, the community program director, and, when appropriate, to the
187	187	159director of the state hospital or other facility. In any hearing conducted pursuant to this section,
188	188	160the court shall consider the circumstances and nature of the criminal offense leading to
189	189	161commitment and shall consider the person’s prior criminal history.
190	190	162 (q) The court shall, after a hearing in court, either approve or disapprove the
191	191	163recommendation for outpatient status. If the approval of the court is given, the defendant shall be
192	192	164placed on outpatient status subject to the terms and conditions specified in the supervision and
193	193	165treatment plan. If the outpatient treatment occurs in a county other than the county of 9 of 16
194	194	166commitment, the court shall transmit a copy of the case record to the superior court in the county
195	195	167where outpatient treatment occurs, so that the record will be available if revocation proceedings
196	196	168are initiated pursuant to subsection (w) or (x).
197	197	169 (r) The department shall be responsible for the supervision of persons placed on
198	198	170outpatient status under this title. The commissioner shall designate, for each county or region, a
199	199	171community program director who shall be responsible for administering the community
200	200	172treatment programs for persons committed from that county or region under the provisions
201	201	173specified in subsection (b).
202	202	174 (s) The department shall notify in writing the chief justice of the trial court, the district
203	203	175attorney of each county, and the executive director of the committee on public counsel services
204	204	176as to the person designated to be the community program director for each county or region, and
205	205	177timely written notice shall be given whenever a new community program director is to be
206	206	178designated.
207	207	179 (t) The community program director shall be the outpatient treatment supervisor of
208	208	180persons placed on outpatient status under this section. The community program director may
209	209	181delegate the outpatient treatment supervision responsibility to a designee.
210	210	182 (u) The outpatient treatment supervisor shall, at 90-day intervals following the beginning
211	211	183of outpatient treatment, submit to the court, the prosecutor and defense counsel, and to the
212	212	184community program director, where appropriate, a report setting forth the status and progress of
213	213	185the defendant.
214	214	186 (v) Outpatient status shall be for a period not to exceed 1 year. At the end of the period of
215	215	187outpatient status approved by the court, the court shall, after actual notice to the prosecutor, the 10 of 16
216	216	188defense counsel, and the community program director, and after a hearing in court, either
217	217	189discharge the person from commitment under appropriate provisions of the law, order the person
218	218	190confined to a treatment facility, or renew its approval of outpatient status. Prior to such hearing,
219	219	191the community program director shall furnish a report and recommendation to the medical
220	220	192director of the state hospital or other treatment facility, where appropriate, and to the court,
221	221	193which the court shall make available to the prosecutor and defense counsel. The person shall
222	222	194remain on outpatient status until the court renders its decision unless hospitalized under other
223	223	195provision of the law. The hearing pursuant to the provisions of this section shall be held no later
224	224	196than 30 days after the end of the 1 year period of outpatient status unless good cause exists. The
225	225	197court shall transmit a copy of its order to the community program director or a designee.
226	226	198 (w) If at any time during the outpatient period, the outpatient treatment supervisor is of
227	227	199the opinion that the person requires extended inpatient treatment or refuses to accept further
228	228	200outpatient treatment and supervision, the community program director shall notify the superior
229	229	201court in either the county which approved outpatient status or in the county where outpatient
230	230	202treatment is being provided of such opinion by means of a written request for revocation of
231	231	203outpatient status. The community program director shall furnish a copy of this request to the
232	232	204defense counsel and to the prosecutor in both counties if the request is made in the county of
233	233	205treatment rather than the county of commitment. Within 15 business days, the court where the
234	234	206request was filed shall hold a hearing and shall either approve or disapprove the request for
235	235	207revocation of outpatient status. If the court approves the request for revocation, the court shall
236	236	208order that the person be confined in a state hospital or other treatment facility approved by the
237	237	209community program director. The court shall transmit a copy of its order to the community
238	238	210program director or a designee. Where the county of treatment and the county of commitment 11 of 16
239	239	211differ and revocation occurs in the county of treatment, the court shall enter the name of the
240	240	212committing county and its case number on the order of revocation and shall send a copy of the
241	241	213order to the committing court and the prosecutor and defense counsel in the county of
242	242	214commitment.
243	243	215 (x) If at any time during the outpatient period the prosecutor is of the opinion that the
244	244	216person is a danger to the health and safety of others while on that status, the prosecutor may
245	245	217petition the court for a hearing to determine whether the person shall be continued on that status.
246	246	218Upon receipt of the petition, the court shall calendar the case for further proceedings within 15
247	247	219business days and the clerk shall notify the person, the community program director, and the
248	248	220attorney of record for the person of the hearing date. Upon failure of the person to appear as
249	249	221noticed, if a proper affidavit of service has been filed with the court, the court may issue a capias
250	250	222to compel the attendance of such person. If, after a hearing in court conducted using the same
251	251	223standards used in conducting probation revocation hearings pursuant to section 3 of chapter 279,
252	252	224the judge determines that the person is a danger to the health and safety of others, the court shall
253	253	225order that the person be confined in a state hospital or other treatment facility which has been
254	254	226approved by the community program director.
255	255	227 (y) Upon the filing of a request for revocation under subsection (w) or subsection (x) and
256	256	228pending the court’s decision on revocation, the person subject to revocation may be confined in a
257	257	229facility designated by the community program director when it is the opinion of that director that
258	258	230the person will now be a danger to self or to another while on outpatient status and that to delay
259	259	231confinement until the revocation hearing would pose an imminent risk of harm to the person or
260	260	232to another. The facility so designated shall continue the patient’s program of treatment, shall
261	261	233provide adequate security so as to ensure both the safety of the person and the safety of others in 12 of 16
262	262	234the facility, and shall, to the extent possible, minimize interference with the person’s program of
263	263	235treatment. Upon the request of the community program director or a designee, a peace officer
264	264	236shall take, or cause to be taken, the person into custody and transport the person to a facility as
265	265	237described in subsection (z) and designated by the community program director for confinement
266	266	238under this section. Within 1 business day after the person is confined in a jail under this section,
267	267	239the community program director shall apply in writing to the court for authorization to confine
268	268	240the person pending the hearing under subsection (w) or subsection (x). The application shall be
269	269	241in the form of a declaration, and shall specify the behavior or other reason justifying the
270	270	242confinement of the person in a jail. Upon receipt of the application for confinement, the court
271	271	243shall consider and rule upon it, and if the court authorizes detention in a jail, the court shall
272	272	244actually serve copies of all orders and all documents filed by the community program director
273	273	245upon the prosecuting and defense counsel. The community program director shall notify the
274	274	246court in writing of the confinement of the person and of the factual basis for the opinion that the
275	275	247immediate confinement in a jail was necessary. The court shall supply a copy of these documents
276	276	248to the prosecutor and defense counsel.
277	277	249 (z) The facility designated by the community program director may be a state hospital, a
278	278	250local treatment facility, a county jail, or any other appropriate facility, so long as the facility can
279	279	251continue the person’s program of treatment, provide adequate security, and minimize
280	280	252interference with the person’s program of treatment. If the facility designated by the community
281	281	253program director is a county jail, the patient shall be separated from the general population of the
282	282	254jail. A county jail may not be designated unless the services specified above are provided, and
283	283	255accommodations are provided which ensure both the safety of the person and the safety of the
284	284	256general population of the jail. Within 3 business days of the patient’s confinement in a jail, the 13 of 16
285	285	257community program director shall report to the court regarding what type of treatment the patient
286	286	258is receiving in the facility. If there is evidence that the treatment program is not being complied
287	287	259with, or accommodations have not been provided which ensure both the safety of the committed
288	288	260person and the safety of the general population of the jail, the court shall order the person
289	289	261transferred to an appropriate facility, including an appropriate state hospital.
290	290	262 (aa) A resentencing hearing shall be allowed in the following cases, in addition to those
291	291	263permitted under other sections:
292	292	264 At the time of the offense, the defendant was suffering from a serious perinatal
293	293	265psychiatric complication, a mental illness such as postpartum depression or postpartum
294	294	266psychosis, which though insufficient to establish the defense of insanity, substantially affected
295	295	267his or her ability to understand his or her acts or to conform his or her conduct to the
296	296	268requirements of the law.
297	297	269 At the time of the offense, the defendant was suffering from postpartum depression or
298	298	270postpartum psychosis which was either undiagnosed by a qualified medical professional
299	299	271(physician, psychiatrist or psychologist) or untreated or unsuccessfully treated, and this
300	300	272temporary mental illness tended to excuse or justify the defendant’s criminal conduct and was
301	301	273not used in trial or sentencing.
302	302	274 (bb) Nothing in this section shall prevent hospitalization pursuant to the provisions of
303	303	275section 12.
304	304	276 (cc) A person whose confinement in a treatment facility under subsection (w) or
305	305	277subsection (x) is approved by the court shall not be released again to outpatient status unless
306	306	278court approval is obtained under subsection (e) or subsection (i). 14 of 16
307	307	279 (dd) No person who is on outpatient status pursuant to this section shall leave this state
308	308	280without first obtaining prior written approval to do so from the committing court. The prior
309	309	281written approval of the court for the person to leave this state shall specify when the person may
310	310	282leave, when the person is required to return, and may specify other conditions or limitations at
311	311	283the discretion of the court. The written approval for the person to leave this state may be in a
312	312	284form and format chosen by the committing court.
313	313	285 (ee) In no event shall the court give written approval for the person to leave this state
314	314	286without providing notice to the prosecutor, the defense counsel, and the community program
315	315	287director. The court may conduct a hearing on the question of whether the person should be
316	316	288allowed to leave this state and what conditions or limitations, if any, should be imposed.
317	317	289 (ff) Any person who violates subsection (dd) is guilty of a misdemeanor and upon
318	318	290conviction shall by punished by imprisonment for not more than 6 months in a house of
319	319	291correction or by a fine of not more than $1,000.
320	320	292 (gg) The department shall be responsible for the community treatment and supervision of
321	321	293judicially committed patients. These services shall be available on a county or regional basis.
322	322	294The department may provide these services directly or through contract with private providers.
323	323	295The program or programs through which these services are provided shall be known as the
324	324	296forensic conditional release program.
325	325	297 (hh) The department shall contact all regional mental health programs by January 1,
326	326	2982024, to determine their interest in providing an appropriate level of supervision and treatment of
327	327	299judicially committed patients at reasonable cost. Regional mental health programs may agree or
328	328	300refuse to operate such a program. 15 of 16
329	329	301 (ii) No later than January 1, 2025, and by January 1 of each subsequent year, all state
330	330	302hospitals or other treatment facilities participating in the forensic conditional release program
331	331	303shall report to the commissioner the following information: (i) the cost of the program to the
332	332	304facility; (ii) the demographic profiles of persons receiving supervision and treatment in the
333	333	305program; and (iii) the rates of adherence to treatment under the program.
334	334	306 (jj) No later than January 1, 2025, and by January 1 of each subsequent year, the chief
335	335	307justice of the trial court shall report to the commissioner the following information: rates and
336	336	308types of reoffense while these persons are served by the program and after their discharge.
337	337	309 (kk) The department shall conduct yearly evaluations of the forensic conditional release
338	338	310program. An evaluation of the program shall determine its effectiveness in successfully
339	339	311reintegrating these persons into society after release from state institutions. This evaluation of
340	340	312program effectiveness shall include, but not be limited to, a determination of the rates of
341	341	313reoffense while these persons are served by the program and after their discharge. This
342	342	314evaluation shall also address the effectiveness of the various treatment components of the
343	343	315program and their intensity.
344	344	316 (ll) The department shall ensure consistent data gathering and program standards for use
345	345	317statewide by the forensic conditional release program.
346	346	318 (mm) The department of correction, and the executive office of public safety and security
347	347	319shall cooperate with the department in conducting this evaluation.
348	348	320 (nn) The administrators and the supervision and treatment staff of the forensic conditional
349	349	321release program shall not be held criminally or civilly liable for any criminal acts committed by
350	350	322the persons on parole or judicial commitment status who receive supervision or treatment. 16 of 16
351	351	323 (oo) The court retains jurisdiction over the person until the end of the period of the
352	352	324assisted outpatient treatment established under this section or until the court finds that the person
353	353	325no longer meets the criteria in this section.
354	354	326 SECTION 7. In all cases in which the penalty of life imprisonment without the possibility
355	355	327of parole may be authorized, mitigating circumstances shall be any factors proffered by the
356	356	328defendant or the commonwealth which are relevant to a finding that a defendant suffered from
357	357	329mental illness related to a perinatal psychiatric complication such as postpartum psychosis or
358	358	330postpartum depression at the time the offense was committed.