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