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| 2 | 2 | | HOUSE DOCKET, NO. 2196 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1652 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Marjorie C. Decker |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to reforming the competency to stand trial process. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/15/2025 1 of 11 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2196 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1652 |
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| 18 | 18 | | By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1652) of |
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| 19 | 19 | | Marjorie C. Decker relative to reforming the competency to stand trial process. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to reforming the competency to stand trial process. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 SECTION 1. Chapter 123 of the General Laws is hereby amended by striking out section |
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| 29 | 29 | | 215 and inserting in place thereof the following section:- |
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| 30 | 30 | | 3 Section 15: Competence to stand trial or criminal responsibility; examination; period of |
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| 31 | 31 | | 4observation; reports; hearing; commitment; delinquents |
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| 32 | 32 | | 5 (a) Whenever a court of competent jurisdiction doubts whether a defendant in a criminal |
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| 33 | 33 | | 6case is competent to stand trial or is criminally responsible by reason of mental illness or mental |
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| 34 | 34 | | 7defect, it may at any stage of the proceedings after the return of an indictment or the issuance of |
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| 35 | 35 | | 8a criminal complaint against the defendant, order an examination of such defendant to be |
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| 36 | 36 | | 9conducted by 1 or more qualified physicians or one or more qualified psychologists. Whenever |
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| 37 | 37 | | 10practicable, examinations shall be conducted at the court house or place of detention where the |
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| 38 | 38 | | 11person is being held. When an examination is ordered, the court shall instruct the examining 2 of 11 |
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| 39 | 39 | | 12physician or psychologist in the law for determining mental competence to stand trial and |
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| 40 | 40 | | 13criminal responsibility. |
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| 41 | 41 | | 14 (b) After the examination described in paragraph (a), if the court has reason to believe |
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| 42 | 42 | | 15that observation and further examination are necessary in order to determine whether mental |
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| 43 | 43 | | 16illness or mental defect have so affected a person that the person is not competent to stand trial or |
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| 44 | 44 | | 17not criminally responsibility for the crime or crimes with which the person has been charged, the |
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| 45 | 45 | | 18court may order that the person submit to observation and further examination to make such a |
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| 46 | 46 | | 19determination. The court may order the person to undergo observation and further examination at |
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| 47 | 47 | | 20a community-based program operated or contracted for by the department pursuant to |
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| 48 | 48 | | 21subparagraph (g) of this section to conduct such observation and examination or in a facility or, |
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| 49 | 49 | | 22if such person is a male and appears to require strict security, at the Bridgewater state hospital. |
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| 50 | 50 | | 23The court may only order the involuntary observation and further examination of a defendant at a |
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| 51 | 51 | | 24facility or at the Bridgewater state hospital if the court makes a particularized finding on the |
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| 52 | 52 | | 25record, by clear and convincing evidence, that there is no appropriate, less restrictive alternative |
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| 53 | 53 | | 26that would allow for a determination of a defendant’s competency. The burden of proof as to the |
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| 54 | 54 | | 27need for observation at a facility or Bridgewater state hospital shall be on the Commonwealth. |
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| 55 | 55 | | 28Any observation and further examination must be completed within twenty days of the court’s |
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| 56 | 56 | | 29order. Copies of the complaints or indictments and the physician's or psychologist's report under |
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| 57 | 57 | | 30paragraph (a) shall be delivered to the community-based program operated or contracted for by |
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| 58 | 58 | | 31the department pursuant to subparagraph (g) of this section, or the facility conducting the |
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| 59 | 59 | | 32observation and examination or to Bridgewater state hospital if the person is found by the court |
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| 60 | 60 | | 33to require strict security. If an examining qualified physician or an examining qualified |
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| 61 | 61 | | 34psychologist completes the observation and examination before the expiration of such twenty- 3 of 11 |
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| 62 | 62 | | 35day period, the examining qualified physician or examining qualified psychologist shall |
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| 63 | 63 | | 36forthwith notify the court as provided in subparagraph (c) and the court shall arrange for the |
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| 64 | 64 | | 37person’s return to court at the earliest possible occasion. If, before the expiration of such twenty- |
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| 65 | 65 | | 38day period, an examining qualified physician or an examining qualified psychologist believes |
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| 66 | 66 | | 39that observation and examination for more than twenty days is necessary, that physician or |
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| 67 | 67 | | 40psychologist shall so notify the court and shall request in writing an extension of the twenty-day |
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| 68 | 68 | | 41period, specifying the reason or reasons for which such further observation and examination is |
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| 69 | 69 | | 42necessary. Upon the receipt of such request, the court may extend said observation and |
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| 70 | 70 | | 43examination period, but in no event shall the period exceed forty days from the date of the initial |
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| 71 | 71 | | 44court order for observation and examination; provided, however, a person confined to a facility |
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| 72 | 72 | | 45or the Bridgewater state hospital may request continued care and treatment during the pendency |
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| 73 | 73 | | 46of the criminal proceedings against such person and if the superintendent or medical director |
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| 74 | 74 | | 47agrees to provide such care and treatment, the court may order the further hospitalization of such |
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| 75 | 75 | | 48person at the facility or the Bridgewater state hospital. |
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| 76 | 76 | | 49 (c) At the conclusion of the examination or the observation, the examining physician or |
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| 77 | 77 | | 50psychologist shall forthwith give to the court written signed reports of their findings, including |
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| 78 | 78 | | 51the clinical findings bearing on the issue of competence to stand trial or criminal responsibility. |
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| 79 | 79 | | 52Such reports shall also contain an opinion, supported by clinical findings, as to whether the |
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| 80 | 80 | | 53defendant is in need of treatment and care offered by the department. |
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| 81 | 81 | | 54 (d) If on the basis of such reports the court is satisfied that the defendant is competent to |
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| 82 | 82 | | 55stand trial, the case shall continue according to the usual course of criminal proceedings; |
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| 83 | 83 | | 56otherwise the court shall hold a hearing on whether the defendant is competent to stand trial; |
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| 84 | 84 | | 57provided that at any time before trial any party to the case may request a hearing on whether the 4 of 11 |
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| 85 | 85 | | 58defendant is competent to stand trial. A finding of incompetency shall require a preponderance of |
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| 86 | 86 | | 59the evidence. If the defendant is found incompetent to stand trial, trial of the case shall be stayed |
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| 87 | 87 | | 60until such time as the defendant becomes competent to stand trial, unless the case is dismissed. |
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| 88 | 88 | | 61 (e) After a finding of guilty on a criminal charge, and prior to sentencing, the court may |
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| 89 | 89 | | 62order a psychiatric or other clinical examination and, after such examination, it may also order a |
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| 90 | 90 | | 63period of observation to be carried out at a community-based program operated or contracted for |
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| 91 | 91 | | 64by the department pursuant to subparagraph (g) of this section if the individual is released from |
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| 92 | 92 | | 65custody, or in a facility, or at the Bridgewater state hospital if the court determines that strict |
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| 93 | 93 | | 66security is required and if such person is male. The purpose of such observation or examination |
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| 94 | 94 | | 67shall be to aid the court in sentencing. Such period of observation or examination shall not |
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| 95 | 95 | | 68exceed forty days. During such period of observation, the superintendent or medical director of a |
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| 96 | 96 | | 69facility in which the person is confined may petition the court for commitment of such person. If |
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| 97 | 97 | | 70the observation and examination pursuant to this section has been conducted at a community- |
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| 98 | 98 | | 71based program operated or contracted for by the department pursuant to subparagraph (g) of this |
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| 99 | 99 | | 72section, and the examining qualified physician or an examining qualified psychologist believes |
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| 100 | 100 | | 73that failure to hospitalize such a person would create a likelihood of serious harm by reason of |
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| 101 | 101 | | 74mental illness, the examining qualified physician or an examining qualified psychologist may |
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| 102 | 102 | | 75apply for the person’s commitment to a facility under the provisions of section twelve of this |
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| 103 | 103 | | 76chapter and shall notify the court. The court, after imposing sentence on said person, may hear |
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| 104 | 104 | | 77the petition as provided in section eighteen, and if the court makes necessary findings as set forth |
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| 105 | 105 | | 78in section eight it may in its discretion commit the person to a facility or the Bridgewater state |
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| 106 | 106 | | 79hospital. Such order of commitment shall be valid for a period of six months. All subsequent |
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| 107 | 107 | | 80proceedings for commitment shall take place under the provisions of said section eighteen in the 5 of 11 |
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| 108 | 108 | | 81district court which has jurisdiction of the facility or hospital. A person committed to a facility or |
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| 109 | 109 | | 82Bridgewater state hospital pursuant to this section shall have said time credited against the |
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| 110 | 110 | | 83sentence imposed as provided in paragraph (c) of said section 18. |
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| 111 | 111 | | 84 (f) In like manner to the proceedings under paragraphs (a), (b), (c), and (e) of this section, |
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| 112 | 112 | | 85a court may order a psychiatric or psychological examination or a period of observation for an |
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| 113 | 113 | | 86alleged delinquent in the community or in a facility to aid the court in its disposition. Such period |
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| 114 | 114 | | 87shall not exceed forty days. |
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| 115 | 115 | | 88 (g) The department shall coordinate the establishment of, contract for, fund, and provide |
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| 116 | 116 | | 89oversight to a system of geographically dispersed community-based programs to conduct |
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| 117 | 117 | | 90determinations of competency to stand trial and criminal responsibility. These programs shall be |
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| 118 | 118 | | 91available sevendays per week to conduct such determinations and shall accept all referrals from |
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| 119 | 119 | | 92all courts which arelocated in their area of geographic responsibility. These programs shall offer |
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| 120 | 120 | | 93observation and examination regarding competency to stand trial and criminal responsibility and |
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| 121 | 121 | | 94may offer residential services, but a person’s acceptance of residential services shall not be a |
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| 122 | 122 | | 95condition of their obtaining a competency or criminal responsibility determination. |
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| 123 | 123 | | 96 SECTION 2. Chapter 123 of the General Laws is hereby amended by striking out section |
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| 124 | 124 | | 9716 and inserting in place thereof the following section:- |
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| 125 | 125 | | 98 Section 16: Hospitalization of persons incompetent to stand trial or not guilty by reason |
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| 126 | 126 | | 99of mental illness; examination period; commitment; hearing; restrictions; dismissal of criminal |
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| 127 | 127 | | 100charges |
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| 128 | 128 | | 101 (a) The court having jurisdiction over the criminal proceedings may order that a person |
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| 129 | 129 | | 102who has been found incompetent to stand trial or not guilty by reason of mental illness or mental 6 of 11 |
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| 130 | 130 | | 103defect in such proceedings be observed and examined for a period of forty days at a community- |
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| 131 | 131 | | 104based program or a facility operated or contracted for by the department pursuant to |
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| 132 | 132 | | 105subparagraph (g) of section 15; provided that, if the defendant is a male and if the court |
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| 133 | 133 | | 106determines that the failure to retain him in strict security would create a likelihood of serious |
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| 134 | 134 | | 107harm by reason of mental illness, or other mental defect, it may order such hospitalization at the |
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| 135 | 135 | | 108Bridgewater state hospital; and provided, further, that the combined periods of hospitalization |
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| 136 | 136 | | 109under the provisions of this section and paragraph (b) of section 15 shall not exceed fifty days. |
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| 137 | 137 | | 110 (b) During the period of observation of a person believed to be incompetent to stand trial |
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| 138 | 138 | | 111or within sixty days after a person is found to be incompetent to stand trial or not guilty of any |
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| 139 | 139 | | 112crime by reason of mental illness or other mental defect, the district attorney, the superintendent |
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| 140 | 140 | | 113of a facility or the medical director of the Bridgewater state hospital may petition the court |
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| 141 | 141 | | 114having jurisdiction of the criminal case for the commitment of the person to a facility or to the |
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| 142 | 142 | | 115Bridgewater state hospital. If the observation and examination pursuant to this section has been |
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| 143 | 143 | | 116conducted at a community-based program operated or contracted for by the department pursuant |
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| 144 | 144 | | 117to subparagraph (g) of section fifteen, and the examining qualified physician or an examining |
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| 145 | 145 | | 118qualified psychologist has reason to believe that failure to hospitalize such person would create a |
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| 146 | 146 | | 119likelihood of serious harm by reason of mental illness, the examining qualified physician or an |
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| 147 | 147 | | 120examining qualified psychologist may apply for the person’s commitment to a facility under the |
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| 148 | 148 | | 121provisions of section twelve of this chapter and shall notify the court. However, the petition for |
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| 149 | 149 | | 122the commitment of an untried defendant shall be heard only if the defendant is found |
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| 150 | 150 | | 123incompetent to stand trial or if the criminal charges are dismissed after commitment. If the court |
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| 151 | 151 | | 124makes the findings required by paragraph (a) of section eight it shall order the person committed |
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| 152 | 152 | | 125to a facility; if the court makes the findings required by paragraph (b) of section eight, it shall 7 of 11 |
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| 153 | 153 | | 126order the commitment of the person to the Bridgewater state hospital; otherwise the petition shall |
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| 154 | 154 | | 127be dismissed and the person discharged. An order of commitment under the provisions of this |
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| 155 | 155 | | 128paragraph shall be valid for sixmonths. In the event a period of observation under the provisions |
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| 156 | 156 | | 129of paragraph (a) has expired, or in the event no such period of examination has been ordered, the |
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| 157 | 157 | | 130court may order the temporary detention of such person in a jail, house of correction, facility or |
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| 158 | 158 | | 131the Bridgewater state hospital until such time as the findings required by this paragraph are made |
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| 159 | 159 | | 132or a determination is made that such findings cannot be made. |
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| 160 | 160 | | 133 (c) After the expiration of a commitment under paragraph (b) of this section, a person |
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| 161 | 161 | | 134may be committed for additional one year periods under the provisions of sections seven and |
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| 162 | 162 | | 135eight of this chapter, but no untried defendant shall be so committed unless in addition to the |
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| 163 | 163 | | 136findings required by sections seven and eight the court also finds said defendant is incompetent |
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| 164 | 164 | | 137to stand trial. If the person is not found incompetent, the court shall notify the court with |
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| 165 | 165 | | 138jurisdiction of the criminal charges, which court shall thereupon order the defendant returned to |
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| 166 | 166 | | 139its custody for the resumption of criminal proceedings. All subsequent proceedings for the |
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| 167 | 167 | | 140further commitment of a person committed under this section shall be in the court which has |
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| 168 | 168 | | 141jurisdiction of the facility or hospital. |
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| 169 | 169 | | 142 (d) The district attorney for the district within which the alleged crime or crimes occurred |
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| 170 | 170 | | 143shall be notified of any hearing conducted for a person under the provisions of this section or any |
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| 171 | 171 | | 144subsequent hearing for such person conducted under the provisions of this chapter relative to the |
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| 172 | 172 | | 145commitment of the person with mental illness and shall have the right to be heard at such |
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| 173 | 173 | | 146hearings. 8 of 11 |
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| 174 | 174 | | 147 (e) Any person committed to a facility under the provisions of this section may be |
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| 175 | 175 | | 148restricted in movements to the buildings and grounds of the facility at which the person is |
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| 176 | 176 | | 149committed by the court which ordered the commitment. If such restrictions are ordered, they |
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| 177 | 177 | | 150shall not be removed except with the approval of the court. If the superintendent seeks removal |
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| 178 | 178 | | 151or modification of such restriction, the superintendent shall notify the district attorney who has or |
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| 179 | 179 | | 152had jurisdiction of the relevant criminal case. If, after the superintendent communicates the |
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| 180 | 180 | | 153superintendent's intention to remove or modify such restriction in writing to the court and the |
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| 181 | 181 | | 154district attorney who has or had jurisdiction of the relevant criminal case, neither the court nor |
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| 182 | 182 | | 155the district attorney makes written objection to such removal or modification within fourteen |
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| 183 | 183 | | 156days of receipt of the notice, such restriction shall be removed by the superintendent. If the |
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| 184 | 184 | | 157superintendent or medical director of the Bridgewater state hospital intends to discharge a person |
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| 185 | 185 | | 158committed under this section or at the end of a period of commitment intends not to petition for |
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| 186 | 186 | | 159their further commitment, they shall notify the court and district attorney which have or had |
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| 187 | 187 | | 160jurisdiction of the criminal case. Within thirty days of the receipt of such notice, the district |
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| 188 | 188 | | 161attorney may petition for commitment under the provisions of paragraph (c). During such thirty |
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| 189 | 189 | | 162day period, the person shall be held at the facility or hospital. This paragraph shall not apply to |
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| 190 | 190 | | 163persons originally committed after a finding of incompetence to stand trial whose criminal |
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| 191 | 191 | | 164charges have been dismissed. |
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| 192 | 192 | | 165 (f) If a person is found incompetent to stand trial, the court shall send notice to the |
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| 193 | 193 | | 166department of correction which shall compute the date of the expiration of the period of time |
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| 194 | 194 | | 167equal to the time of imprisonment which the person would have had to serve prior to becoming |
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| 195 | 195 | | 168eligible for parole if they had been convicted of the most serious crime with which they were |
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| 196 | 196 | | 169charged in court and sentenced to the maximum sentence they could have received, if so 9 of 11 |
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| 197 | 197 | | 170convicted. For purposes of the computation of parole eligibility, the minimum sentence shall be |
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| 198 | 198 | | 171regarded as one half of the maximum sentence potential sentence. Where applicable, the |
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| 199 | 199 | | 172provisions of sections one hundred twenty-nine, one hundred twenty-nine A, one hundred |
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| 200 | 200 | | 173twenty-nine B, and one hundred twenty-nine C of chapter one hundred twenty-sevenshall be |
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| 201 | 201 | | 174applied to reduce such period of time. On the final date of such period, the court shall dismiss the |
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| 202 | 202 | | 175criminal charges against such person, or the court in the interest of justice may dismiss the |
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| 203 | 203 | | 176criminal charges against such person prior to the expiration of such period. |
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| 204 | 204 | | 177 (g) The department shall establish a forensic navigators program to help guide, support, |
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| 205 | 205 | | 178and advocate for persons involved in the criminal court system and who, pursuant to this chapter, |
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| 206 | 206 | | 179have been ordered to undergo observation and evaluation for competency to stand trial or |
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| 207 | 207 | | 180criminal responsibility pursuant to section fifteen, or ordered to undergo restoration of |
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| 208 | 208 | | 181competency pursuant to this section, or who have been committed to a facility or the Bridgewater |
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| 209 | 209 | | 182state hospital pursuant to subsection (b) of this section. Such forensic navigators shall serve as |
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| 210 | 210 | | 183interim case managers and community liaisons for such persons. A forensic navigator shall be |
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| 211 | 211 | | 184offered to persons who receive court orders for competency evaluations, subject to available |
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| 212 | 212 | | 185department resources. No penalty shall be imposed on persons who decline to accept the services |
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| 213 | 213 | | 186of a forensic navigator. The department shall promulgate regulations to govern the forensic |
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| 214 | 214 | | 187navigator program and the services provided by forensic navigators. |
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| 215 | 215 | | 188 SECTION 3. Special Commission to Collect Data on Competency to Stand Trial and |
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| 216 | 216 | | 189Criminal Responsibility Determinations and to Recommend Reforms to These Processes |
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| 217 | 217 | | 190 Notwithstanding any general or special law to the contrary, there shall be a special |
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| 218 | 218 | | 191commission established to review and develop recommendations and best practices for 10 of 11 |
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| 219 | 219 | | 192evaluations of competency to stand trial and criminal responsibility conducted pursuant to |
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| 220 | 220 | | 193sections fifteen and sixteen of chapter one hundred twenty-three, including an analysis of the |
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| 221 | 221 | | 194settings in which such evaluations are conducted. The commission shall be co-chaired by the |
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| 222 | 222 | | 195secretary of the executive office of health and human services, or his or her designee, and the |
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| 223 | 223 | | 196chief justice of the trial court or his or her designee. The commission shall solicit input from the |
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| 224 | 224 | | 197chairs of the joint committee on the judiciary, the chairs of the joint committee on mental health, |
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| 225 | 225 | | 198substance use and recovery, the secretary of public safety and security, the Massachusetts |
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| 226 | 226 | | 199Psychiatric Society, the Massachusetts Psychological Association, the Committee for Public |
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| 227 | 227 | | 200Counsel Services, the Massachusetts Association for Mental Health, the Association for |
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| 228 | 228 | | 201Behavioral Healthcare, the Mental Health Legal Advisors Committee, and the Wildflower |
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| 229 | 229 | | 202Alliance. |
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| 230 | 230 | | 203 The commission shall gather and consider data related to number of persons held for |
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| 231 | 231 | | 204observation and examination conducted pursuant to Section fifteen (a), fifteen (b), sixteen (a) |
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| 232 | 232 | | 205and sixteen (b) of chapter one hundred twenty-three, including, for each of these sections, the |
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| 233 | 233 | | 206number of persons found to be competent to stand trial, incompetent to stand trial, criminally |
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| 234 | 234 | | 207responsible and not criminally responsible, the average and median length of stay for those held |
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| 235 | 235 | | 208pursuant to sections fifteen (a), fifteen (b), sixteen (a) and sixteen (b), and the profession of |
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| 236 | 236 | | 209providers conducting evaluations under these sections and outcome of determinations by these |
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| 237 | 237 | | 210provider types; provided further, that data shall be stratified, where available, by age, race, |
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| 238 | 238 | | 211ethnicity, gender identity, sexual orientation, individuals with Autism Spectrum Disorder, |
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| 239 | 239 | | 212intellectual or developmental disabilities and persons experiencing homelessness; provided |
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| 240 | 240 | | 213further, that the commission shall review up to three years of records of competency and criminal |
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| 241 | 241 | | 214responsibility determinations and related hospitalizations with variation of factors to allow for 11 of 11 |
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| 242 | 242 | | 215data representative of the Commonwealth as a whole; provided further that the commission shall |
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| 243 | 243 | | 216gather and evaluate potential reforms to the processes by which individuals are evaluated for |
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| 244 | 244 | | 217competency to stand trial and criminal responsibility and the processes by which individuals are |
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| 245 | 245 | | 218attempted to be restored to competency; provided further that the commission shall investigate |
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| 246 | 246 | | 219and study the use by courts in the United States and in other countries of justice intermediaries |
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| 247 | 247 | | 220when individuals with disabilities and other vulnerable individuals are involved in justice |
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| 248 | 248 | | 221systems; and shall make findings and recommendations regarding possible reforms to these |
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| 249 | 249 | | 222processes including the use of justice intermediaries; provided further, that not later than June 30, |
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| 250 | 250 | | 2232026, the commission shall submit a report to the house and senate committees on the judiciary |
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| 251 | 251 | | 224and the clerks of the senate and house of representatives with its findings and recommendations. |
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