Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1801 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3780 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1801
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bradley H. Jones, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to provide continuum of care for severe mental illness.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 3780 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1801
18	18	By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 1801) of
19	19	Bradley H. Jones, Jr. and others for legislation to provide continuum of care for severe mental
20	20	illness. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to provide continuum of care for severe mental illness.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of chapter 123 of the General Laws, as appearing in the 2022
30	30	2Official Edition, is hereby amended by inserting after the definition of “Commissioner” the
31	31	3following definitions:-
32	32	4 “Critical community mental health services”, health, behavioral health and social services
33	33	5that can be provided in a community setting and do not require continuous inpatient
34	34	6hospitalization.
35	35	7 “Critical community mental health service treatment plan”, a plan defining a set of
36	36	8health, behavioral health or social services delivered to an individual.
37	37	9 SECTION 2. Said section 1 of said chapter 123, as so appearing, is hereby further
38	38	10amended by inserting after the definition of “Funds” the following definition:- 2 of 8
39	39	11 “Gravely disabled”, a condition evidenced by behavior in which a person, as a result of a
40	40	12severe mental illness, is at substantial risk of inflicting serious harm to self or others, or is in
41	41	13danger of serious demonstrates psychosis; and has shown an inability to provide for his or her
42	42	14basic physical needs, including medical and psychiatric treatment and shelter, and live safely in
43	43	15the community because of the severe mental illness.
44	44	16 SECTION 3. Said section 1 of said chapter 123, as so appearing, is hereby further
45	45	17amended by inserting after the definition of “Superintendent” the following definition:-
46	46	18 “Supervising mental health professional”, a mental health services provider who is
47	47	19required pursuant to such practice to obtain a license from the commonwealth or who, at the
48	48	20discretion of the court, is deemed suitable to supervise a critical community mental health
49	49	21service treatment plan.
50	50	22 SECTION 4. Said chapter 123 is hereby further amended by inserting after section 8 the
51	51	23following section:-
52	52	24 Section 8 1/2. (a) Any physician licensed pursuant to section 2 of chapter 112, the
53	53	25department of mental health, the superintendent of a medical facility or residence where the
54	54	26individual receives medical care, or the medical director of the Bridgewater state hospital,
55	55	27qualified health professionals, or the spouse, blood relative, legal relative, legal guardian, any
56	56	28responsible adult or individual partner in a substantive relationship, a parole officer or probation
57	57	29officer assigned to supervise the subject of the petition, shall be authorized to petition for an
58	58	30order of a critical community mental health service treatment plan in the district court where a
59	59	31facility is located that shall provide such services, for any individual who:
60	60	32 (1) has a primary diagnosis of a severe mental illness; 3 of 8
61	61	33 (2) is at least 18 years old; and
62	62	34 (3) meets the following criteria:
63	63	35 (i) is gravely disabled;
64	64	36 (ii) has a history of lack of adherence with treatment for mental illness that, prior to the
65	65	37filing of the petition, has been a significant factor in: (A) necessitating, at least twice within the
66	66	38previous 36 months, involuntary hospitalization pursuant to section 12 of chapter 123 or receipt
67	67	39of mental health services in a forensic or department of correction facility or house of corrections
68	68	40or the Bridgewater state hospital; or (B) the commission of one or more acts of serious violent
69	69	41behavior toward self or others or threats of, or attempts at, serious physical harm to self or others
70	70	42within the previous 36 months;
71	71	43 (iii) is in need of, based on the individual’s treatment history and current behavior,
72	72	44critical community mental health services in order to prevent a relapse or deterioration that
73	73	45would likely result in serious harm to the individual or others;
74	74	46 (iv) is likely to benefit from critical community mental health services; and
75	75	47 (v) is, as a result of their mental illness, unlikely to voluntarily participate in outpatient
76	76	48treatment that would enable the individual to live safely in the community.
77	77	49 The petition shall include a written critical community mental health service treatment
78	78	50plan prepared in consultation with, when possible, those familiar with the individual, the
79	79	51superintendent or physician in charge of the care of the individual or those familiar with the case
80	80	52history of the individual. The treatment plan shall include: 4 of 8
81	81	53 (1) a statement of the requirements for supervision, medication, and assistance in
82	82	54obtaining basic necessities such as employment, food, clothing, and shelter;
83	83	55 (2) if known, the address of the residence where the individual resides and the name of
84	84	56the person or persons in charge of the residence;
85	85	57 (3) if known, the name and address of any person, agency, or organization assigned to
86	86	58supervise a critical community mental health service treatment plan or care for the individual;
87	87	59and
88	88	60 (4) the conditions for continued receipt of critical community mental health services,
89	89	61which may require reporting, continuation of medication, submission to testing, or other
90	90	62reasonable conditions.
91	91	63 (b) A petition for critical community mental health services may be filed along with, and
92	92	64as an alternative to, a petition for inpatient commitment under section 7. A person making a false
93	93	65statement or providing false information or false testimony in a petition or hearing under this
94	94	66section shall be subject to criminal prosecution.
95	95	67 (c) A hearing shall be commenced within 4 days of the filing of the petition. The periods
96	96	68of time prescribed or allowed under the provisions of this section shall be computed pursuant to
97	97	69Rule 6 of the Massachusetts Rules of Civil Procedure. Adjournments shall be permitted only for
98	98	70good cause shown. In granting adjournments, the court shall consider the need for further
99	99	71examination by a physician or the potential need to provide treatment expeditiously. 5 of 8
100	100	72 (d) A court may not issue a critical community mental health service treatment plan
101	101	73unless it finds that providing critical community mental health services is the least restrictive
102	102	74alternative available to the person.
103	103	75 (e) If, after the hearing, the court finds by clear and convincing evidence that the
104	104	76individual who is the subject of the petition meets the criteria for critical community mental
105	105	77health services included in subsection (a), the court may order the supervising mental health
106	106	78professional of an appropriate treatment program to supervise the plan for such services.
107	107	79 Critical community mental health services shall not be ordered unless the court approves
108	108	80a written critical community mental health service treatment plan presented to the court which
109	109	81conforms to the requirements of this section and which contains the name of the designated
110	110	82director of the facility that will supervise and administer the service plan.
111	111	83 (f) The first order for critical community mental health services shall not exceed 180
112	112	84days, and any subsequent order shall not exceed 365 days.
113	113	85 (g) Before an order for critical community mental health services can commence, the
114	114	86individual shall be provided with copies of the court order and full explanations of the approved
115	115	87service plan. The approved service plan shall be filed with the court and the supervising mental
116	116	88health professional in charge of the individual's service plan.
117	117	89 (h) During any period in which an individual receives critical community mental health
118	118	90services, the individual or the supervising mental health professional may petition the court to
119	119	91amend the critical community mental health service treatment plan. The court may order an
120	120	92amended service plan or, if contested, the court may order a hearing on the amended plan. If an 6 of 8
121	121	93amended service plan is contested, the party wishing to amend the service plan shall provide the
122	122	94opposing party the proposed amended service plan at least 7 days before the filing of a petition.
123	123	95 (i) A supervising mental health professional may petition the court for a hearing if the
124	124	96supervising mental health professional has determined that the individual is not adhering with the
125	125	97critical community mental health service treatment plan. When a supervising mental health
126	126	98professional determines that the individual has not adhered with conditions of the service plan,
127	127	99the monitor shall notify the court of the individual’s non-adherence.
128	128	100 Upon receiving notice from the supervising mental health professional, the court shall
129	129	101appoint counsel, if necessary, and schedule a service plan non-adherence hearing for a date no
130	130	102less than 7 days and not more than 14 days after receiving said petition, except in extraordinary
131	131	103circumstances, as determined by the court. The court shall create a standard “notice of service
132	132	104plan non-adherence” form, which the monitor shall complete with the times and dates of the
133	133	105alleged non-adherence of the individual.
134	134	106 The notice of service plan non-adherence shall set forth the conditions of the plan that the
135	135	107supervising mental health professional alleges have not been adhered with and shall order the
136	136	108individual to appear at a specific date and time for the non-adherence hearing, and shall be
137	137	109delivered to all parties to the original proceeding under which the service plan order was issued.
138	138	110 Service plan non-adherence hearings shall proceed in two distinct steps, the first to
139	139	111adjudicate the factual issue of whether the plan is being adhered with and the second to
140	140	112determine the disposition of the matter, if plan non-adherence is found by the court to have
141	141	113occurred. 7 of 8
142	142	114 If the court finds that the individual has not adhered with one or more conditions of the
143	143	115service plan as alleged, the supervising mental health professional shall recommend to the court
144	144	116a course of immediate action and may present argument and evidence in support of that
145	145	117recommendation. If the court determines that the individual is not adhering with the terms of the
146	146	118order, the court may amend the service plan as the court deems necessary. The amended order
147	147	119may alter the service plan, or the court may request, under the provisions of section 12 of this
148	148	120chapter, an emergency evaluation to determine whether the failure to hospitalize the individual
149	149	121would create a likelihood of serious harm.
150	150	122 (j) The supervising mental health professional shall require periodic reports, not more
151	151	123frequently than every 30 days, concerning the condition of individuals receiving critical
152	152	124community mental health services from any person, agency, or organization assigned to treat
153	153	125such individuals.
154	154	126 (k) The supervising mental health professional shall review the condition of an individual
155	155	127ordered to receive critical community mental health services at least once every 30 days.
156	156	128 (l) The supervising mental health professional may, at any time, petition the court for
157	157	129termination of an individual’s critical community mental health service plan if the supervising
158	158	130mental health professional determines that critical community mental health services are no
159	159	131longer the least restrictive appropriate treatment available.
160	160	132 (m) Nothing in this section shall prevent the supervising mental health professional from
161	161	133authorizing involuntary commitment and treatment in cases of emergency under section 12 of
162	162	134this chapter. 8 of 8
163	163	135 (n) The individual or their representative may petition for termination of an order for
164	164	136critical community mental health services.
165	165	137 (o) All hearings under this section shall be conducted by a judge consistent with the
166	166	138requirements of this chapter and applicable law with such flexibility and informality as the court
167	167	139may deem appropriate. The individual shall be entitled to the assistance of counsel, and the court,
168	168	140if necessary, shall appoint counsel. All testimony shall be taken under oath. The standard of
169	169	141proof at such hearing will be that of clear and convincing evidence.
170	170	142 (p) Reasonable expense incurred in providing critical community mental health services
171	171	143may be paid for out of the estate of the individual, by the petitioner or by the commonwealth, as
172	172	144may be determined by the court.
173	173	145 SECTION 5. Section 9 of said chapter 123, as so appearing, is hereby amended by
174	174	146inserting after the words “of section eight B.”, in line 39, the following words:- Any person may
175	175	147apply to the court stating their belief that an individual currently receiving critical community
176	176	148mental health services under section 8 1/2 should no longer be so treated.