Massachusetts Senate Bill S981

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Relative to guilty but with a mental illness

Impact

The impact of S981 is significant within the state's criminal justice system. Upon a finding of guilt, the bill enables courts to request psychiatric evaluations to determine a defendant’s mental health status before sentencing. Should the court find that the defendant has a diagnosed mental illness, they may be classified as 'guilty but with a mental illness'. This classification mandates the same sentence that would be applied to any defendant, however, it requires that the imprisonment be served in a mental health facility, like Bridgewater State Hospital, instead of a traditional correctional institution. This shift emphasizes a rehabilitative approach rather than purely punitive measures.

Summary

Bill S981, titled 'An Act relative to guilty but with a mental illness', seeks to amend Section 15 of Chapter 123 in the General Laws of Massachusetts regarding the treatment of defendants found guilty of felonies who also suffer from mental illness. This legislation aims to define mental illness more explicitly, establishing criteria for what constitutes a substantial disorder that affects a person's judgment and behavior. The bill clarifies that mental illness does not encompass certain developmental and medical conditions, thereby specifying its scope and intention to identify individuals who genuinely need mental health considerations during criminal proceedings.

Contention

Key points of contention surrounding S981 include the scope of the definition of mental illness and the potential implications for defendants. Critics may argue that the bill’s definition might exclude certain individuals whose conditions should be recognized or that it could lead to ambiguous interpretations by court officials. Supporters highlight the importance of acknowledging mental illness within the criminal justice system and providing appropriate care rather than penal punitive measures solely. The bill's reception is likely to depend on ongoing discussions regarding the rights of defendants and the need for a balanced approach to mental health and public safety.