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HOUSE DOCKET, NO. 3780 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1801
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bradley H. Jones, Jr.
_________________
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 to provide continuum of care for severe mental illness.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Bradley H. Jones, Jr.20th Middlesex1/17/2025Kimberly N. Ferguson1st Worcester1/17/2025Paul K. Frost7th Worcester1/31/2025Todd M. Smola1st Hampden3/10/2025 1 of 8
HOUSE DOCKET, NO. 3780 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 1801
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1801) of
Bradley H. Jones, Jr. and others for legislation to provide continuum of care for severe mental
illness. The Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to provide continuum of care for severe mental illness.
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. Section 1 of chapter 123 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by inserting after the definition of “Commissioner” the
3following definitions:-
4 “Critical community mental health services”, health, behavioral health and social services
5that can be provided in a community setting and do not require continuous inpatient
6hospitalization.
7 “Critical community mental health service treatment plan”, a plan defining a set of
8health, behavioral health or social services delivered to an individual.
9 SECTION 2. Said section 1 of said chapter 123, as so appearing, is hereby further
10amended by inserting after the definition of “Funds” the following definition:- 2 of 8
11 “Gravely disabled”, a condition evidenced by behavior in which a person, as a result of a
12severe mental illness, is at substantial risk of inflicting serious harm to self or others, or is in
13danger of serious demonstrates psychosis; and has shown an inability to provide for his or her
14basic physical needs, including medical and psychiatric treatment and shelter, and live safely in
15the community because of the severe mental illness.
16 SECTION 3. Said section 1 of said chapter 123, as so appearing, is hereby further
17amended by inserting after the definition of “Superintendent” the following definition:-
18 “Supervising mental health professional”, a mental health services provider who is
19required pursuant to such practice to obtain a license from the commonwealth or who, at the
20discretion of the court, is deemed suitable to supervise a critical community mental health
21service treatment plan.
22 SECTION 4. Said chapter 123 is hereby further amended by inserting after section 8 the
23following section:-
24 Section 8 1/2. (a) Any physician licensed pursuant to section 2 of chapter 112, the
25department of mental health, the superintendent of a medical facility or residence where the
26individual receives medical care, or the medical director of the Bridgewater state hospital,
27qualified health professionals, or the spouse, blood relative, legal relative, legal guardian, any
28responsible adult or individual partner in a substantive relationship, a parole officer or probation
29officer assigned to supervise the subject of the petition, shall be authorized to petition for an
30order of a critical community mental health service treatment plan in the district court where a
31facility is located that shall provide such services, for any individual who:
32 (1) has a primary diagnosis of a severe mental illness; 3 of 8
33 (2) is at least 18 years old; and
34 (3) meets the following criteria:
35 (i) is gravely disabled;
36 (ii) has a history of lack of adherence with treatment for mental illness that, prior to the
37filing of the petition, has been a significant factor in: (A) necessitating, at least twice within the
38previous 36 months, involuntary hospitalization pursuant to section 12 of chapter 123 or receipt
39of mental health services in a forensic or department of correction facility or house of corrections
40or the Bridgewater state hospital; or (B) the commission of one or more acts of serious violent
41behavior toward self or others or threats of, or attempts at, serious physical harm to self or others
42within the previous 36 months;
43 (iii) is in need of, based on the individual’s treatment history and current behavior,
44critical community mental health services in order to prevent a relapse or deterioration that
45would likely result in serious harm to the individual or others;
46 (iv) is likely to benefit from critical community mental health services; and
47 (v) is, as a result of their mental illness, unlikely to voluntarily participate in outpatient
48treatment that would enable the individual to live safely in the community.
49 The petition shall include a written critical community mental health service treatment
50plan prepared in consultation with, when possible, those familiar with the individual, the
51superintendent or physician in charge of the care of the individual or those familiar with the case
52history of the individual. The treatment plan shall include: 4 of 8
53 (1) a statement of the requirements for supervision, medication, and assistance in
54obtaining basic necessities such as employment, food, clothing, and shelter;
55 (2) if known, the address of the residence where the individual resides and the name of
56the person or persons in charge of the residence;
57 (3) if known, the name and address of any person, agency, or organization assigned to
58supervise a critical community mental health service treatment plan or care for the individual;
59and
60 (4) the conditions for continued receipt of critical community mental health services,
61which may require reporting, continuation of medication, submission to testing, or other
62reasonable conditions.
63 (b) A petition for critical community mental health services may be filed along with, and
64as an alternative to, a petition for inpatient commitment under section 7. A person making a false
65statement or providing false information or false testimony in a petition or hearing under this
66section shall be subject to criminal prosecution.
67 (c) A hearing shall be commenced within 4 days of the filing of the petition. The periods
68of time prescribed or allowed under the provisions of this section shall be computed pursuant to
69Rule 6 of the Massachusetts Rules of Civil Procedure. Adjournments shall be permitted only for
70good cause shown. In granting adjournments, the court shall consider the need for further
71examination by a physician or the potential need to provide treatment expeditiously. 5 of 8
72 (d) A court may not issue a critical community mental health service treatment plan
73unless it finds that providing critical community mental health services is the least restrictive
74alternative available to the person.
75 (e) If, after the hearing, the court finds by clear and convincing evidence that the
76individual who is the subject of the petition meets the criteria for critical community mental
77health services included in subsection (a), the court may order the supervising mental health
78professional of an appropriate treatment program to supervise the plan for such services.
79 Critical community mental health services shall not be ordered unless the court approves
80a written critical community mental health service treatment plan presented to the court which
81conforms to the requirements of this section and which contains the name of the designated
82director of the facility that will supervise and administer the service plan.
83 (f) The first order for critical community mental health services shall not exceed 180
84days, and any subsequent order shall not exceed 365 days.
85 (g) Before an order for critical community mental health services can commence, the
86individual shall be provided with copies of the court order and full explanations of the approved
87service plan. The approved service plan shall be filed with the court and the supervising mental
88health professional in charge of the individual's service plan.
89 (h) During any period in which an individual receives critical community mental health
90services, the individual or the supervising mental health professional may petition the court to
91amend the critical community mental health service treatment plan. The court may order an
92amended service plan or, if contested, the court may order a hearing on the amended plan. If an 6 of 8
93amended service plan is contested, the party wishing to amend the service plan shall provide the
94opposing party the proposed amended service plan at least 7 days before the filing of a petition.
95 (i) A supervising mental health professional may petition the court for a hearing if the
96supervising mental health professional has determined that the individual is not adhering with the
97critical community mental health service treatment plan. When a supervising mental health
98professional determines that the individual has not adhered with conditions of the service plan,
99the monitor shall notify the court of the individual’s non-adherence.
100 Upon receiving notice from the supervising mental health professional, the court shall
101appoint counsel, if necessary, and schedule a service plan non-adherence hearing for a date no
102less than 7 days and not more than 14 days after receiving said petition, except in extraordinary
103circumstances, as determined by the court. The court shall create a standard “notice of service
104plan non-adherence” form, which the monitor shall complete with the times and dates of the
105alleged non-adherence of the individual.
106 The notice of service plan non-adherence shall set forth the conditions of the plan that the
107supervising mental health professional alleges have not been adhered with and shall order the
108individual to appear at a specific date and time for the non-adherence hearing, and shall be
109delivered to all parties to the original proceeding under which the service plan order was issued.
110 Service plan non-adherence hearings shall proceed in two distinct steps, the first to
111adjudicate the factual issue of whether the plan is being adhered with and the second to
112determine the disposition of the matter, if plan non-adherence is found by the court to have
113occurred. 7 of 8
114 If the court finds that the individual has not adhered with one or more conditions of the
115service plan as alleged, the supervising mental health professional shall recommend to the court
116a course of immediate action and may present argument and evidence in support of that
117recommendation. If the court determines that the individual is not adhering with the terms of the
118order, the court may amend the service plan as the court deems necessary. The amended order
119may alter the service plan, or the court may request, under the provisions of section 12 of this
120chapter, an emergency evaluation to determine whether the failure to hospitalize the individual
121would create a likelihood of serious harm.
122 (j) The supervising mental health professional shall require periodic reports, not more
123frequently than every 30 days, concerning the condition of individuals receiving critical
124community mental health services from any person, agency, or organization assigned to treat
125such individuals.
126 (k) The supervising mental health professional shall review the condition of an individual
127ordered to receive critical community mental health services at least once every 30 days.
128 (l) The supervising mental health professional may, at any time, petition the court for
129termination of an individual’s critical community mental health service plan if the supervising
130mental health professional determines that critical community mental health services are no
131longer the least restrictive appropriate treatment available.
132 (m) Nothing in this section shall prevent the supervising mental health professional from
133authorizing involuntary commitment and treatment in cases of emergency under section 12 of
134this chapter. 8 of 8
135 (n) The individual or their representative may petition for termination of an order for
136critical community mental health services.
137 (o) All hearings under this section shall be conducted by a judge consistent with the
138requirements of this chapter and applicable law with such flexibility and informality as the court
139may deem appropriate. The individual shall be entitled to the assistance of counsel, and the court,
140if necessary, shall appoint counsel. All testimony shall be taken under oath. The standard of
141proof at such hearing will be that of clear and convincing evidence.
142 (p) Reasonable expense incurred in providing critical community mental health services
143may be paid for out of the estate of the individual, by the petitioner or by the commonwealth, as
144may be determined by the court.
145 SECTION 5. Section 9 of said chapter 123, as so appearing, is hereby amended by
146inserting after the words “of section eight B.”, in line 39, the following words:- Any person may
147apply to the court stating their belief that an individual currently receiving critical community
148mental health services under section 8 1/2 should no longer be so treated.