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| 2 | 2 | | HOUSE DOCKET, NO. 1550 FILED ON: 1/15/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1749 |
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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 | | Natalie M. Higgins |
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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 a humane response to a mental health crisis. |
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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:Natalie M. Higgins4th Worcester1/15/2025Lindsay N. Sabadosa1st Hampshire1/21/2025 1 of 2 |
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| 16 | 16 | | HOUSE DOCKET, NO. 1550 FILED ON: 1/15/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1749 |
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| 18 | 18 | | By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 1749) of |
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| 19 | 19 | | Natalie M. Higgins and Lindsay N. Sabadosa relative to applications for 3-day commitments to |
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| 20 | 20 | | facilities of persons with mental illness. The Judiciary. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to a humane response to a mental health crisis. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Section 12 of Chapter 123 is hereby amended by striking the following paragraph (e):- |
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| 30 | 30 | | 2 (e) Any person may make an application to a district court justice or a justice of the |
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| 31 | 31 | | 3juvenile court department for a 3-day commitment to a facility of a person with a mental illness |
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| 32 | 32 | | 4if the failure to confine said person would cause a likelihood of serious harm. The court shall |
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| 33 | 33 | | 5appoint counsel to represent said person. After hearing such evidence as the court may consider |
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| 34 | 34 | | 6sufficient, a district court justice or a justice of the juvenile court department may issue a warrant |
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| 35 | 35 | | 7for the apprehension and appearance before the court of the alleged person with a mental illness |
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| 36 | 36 | | 8if in the court's judgment the condition or conduct of such person makes such action necessary or |
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| 37 | 37 | | 9proper. Following apprehension, the court shall have the person examined by a physician or a |
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| 38 | 38 | | 10qualified advanced practice registered nurse designated to have the authority to admit to a facility |
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| 39 | 39 | | 11or examined by a qualified psychologist in accordance with the regulations of the department. If |
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| 40 | 40 | | 12the physician, qualified advanced practice registered nurse or qualified psychologist reports that 2 of 2 |
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| 41 | 41 | | 13the failure to hospitalize the person would create a likelihood of serious harm by reason of |
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| 42 | 42 | | 14mental illness, the court may order the person committed to a facility for a period not to exceed 3 |
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| 43 | 43 | | 15days; provided, however, that the superintendent may discharge said person at any time within |
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| 44 | 44 | | 16the 3-day period. The periods of time prescribed or allowed under this section shall be computed |
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| 45 | 45 | | 17pursuant to Rule 6 of the Massachusetts Rules of Civil Procedure. |
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