Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1924 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2093 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1924
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James J. O'Day
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 relative to the well-being of new mothers and infants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James J. O'Day14th Worcester1/15/2025Frank A. Moran17th Essex3/3/2025 1 of 15
16	16	HOUSE DOCKET, NO. 2093 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1924
18	18	By Representative O'Day of West Boylston, a petition (accompanied by bill, House, No. 1924)
19	19	of James J. O'Day and Frank A. Moran relative to the mental well-being of new mothers facing
20	20	criminal charges. 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 relative to the well-being of new mothers and infants.
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 so appearing, is hereby
30	30	2amended by inserting at the end thereof the following new definitions:-
31	31	3 “Postpartum psychosis,” the most severe of the perinatal mood and anxiety disorders
32	32	4whereby an individual experiences alternating states of depression and/or mania (euphoria) and
33	33	5loses touch with reality. Postpartum psychosis severely impairs an individual’s thinking and
34	34	6judgment, with symptoms including, but not limited to, hallucinations and/or delusions,
35	35	7cognitive confusion and disorientation, disorganized or racing thoughts, minimal need for sleep,
36	36	8delirium, and excessive restlessness, such as pacing.
37	37	9 “Postpartum depression,” a mood disorder which includes a variety of moderate to severe
38	38	10symptoms of depression, severe anxiety, panic attacks and/or intrusive distressing obsessive
39	39	11thoughts and compulsive ritualistic behavior. Clinical symptoms of depression include, but are
40	40	12not limited to: insomnia and sleep disturbances; loss of pleasure and motivation in usual 2 of 15
41	41	13activities, including lack of interest in the infant; sad and depressed mood; lack of clarity in
42	42	14thinking; lack of appetite or interest in eating; feelings of hopelessness, worthlessness and poor
43	43	15self-esteem; extreme fatigue; suicidal thoughts; not feeling like oneself; feeling overwhelmed
44	44	16and unable to cope with life’s demands.
45	45	17 SECTION 2. Section 15 of chapter 123 of the General Laws, as so appearing, is hereby
46	46	18amended by inserting after the word “psychologists”, in lines 7 and 8, the following words:
47	47	19provided however, that a defendant who gave birth within 12 months prior to the crime for which
48	48	20the defendant has been charged shall undergo a screening for perinatal psychiatric complications
49	49	21by a treating physician, psychiatrist or psychologist or other qualified physician or psychologist.
50	50	22 SECTION 3. Subsection (a) of section 15 of chapter 123 of the General Laws, as so
51	51	23appearing, is hereby amended by inserting at the end thereof the following new sentence:- When
52	52	24an examination is ordered for a female defendant who suffers or suffered, at the time the crime
53	53	25for which the defendant has been charged occurred, from mental illness related to a perinatal
54	54	26psychiatric complication such as postpartum psychosis or postpartum depression, said
55	55	27examination shall be conducted by an expert in reproductive psychiatry within 48 hours of such
56	56	28order.
57	57	29 SECTION 4. Section 16 of chapter 123 of the General Laws, as so appearing, is hereby
58	58	30amended by inserting at the end thereof the following new subsection:-
59	59	31 (g) Any person committed to a facility under the provisions of this section who suffers
60	60	32from mental illness related to a perinatal psychiatric complication such as postpartum psychosis
61	61	33or postpartum depression shall receive a diagnosis and treatment plan made in consultation with
62	62	34an expert in reproductive psychiatry. Additional services, including but not limited to parenting 3 of 15
63	63	35assessment, parenting capacity building, and parent-child dyadic therapy shall be made available
64	64	36if deemed appropriate by the consulting expert.
65	65	37 SECTION 5. Chapter 123 of the General Laws, as so appearing, is hereby amended by
66	66	38adding the following section:- Section 37. (a) The department shall appoint a community
67	67	39program director to coordinate the department’s role provided for in this section in a particular
68	68	40county or region.
69	69	41 (b) Any person committed to a state hospital or other treatment facility under the
70	70	42provisions of section 16 may be placed on outpatient status, from that commitment subject to the
71	71	43procedures and provisions of this section.
72	72	44 (c) In the case of any person charged with and found incompetent to stand trial or not
73	73	45guilty by reason of mental illness or mental defect in such proceedings of murder, a violation in
74	74	46which the victim suffers intentionally inflicted great bodily injury, or an act which poses a
75	75	47serious threat of bodily harm to another person, outpatient status under this section shall not be
76	76	48available until that person has actually been confined in a state hospital or other treatment facility
77	77	49for 180 days or more after having been committed under the provisions of law specified in
78	78	50section 16, unless the court finds a suitable placement, including, but not limited to, an outpatient
79	79	51placement program, that would provide the person with more appropriate mental health
80	80	52treatment and the court finds that the placement would not pose a danger to the health or safety
81	81	53of others, including, but not limited to, the safety of the victim and the victim’s family.
82	82	54 (d) In the case of any person charged with and found incompetent to stand trial or not
83	83	55guilty by reason of mental illness or mental defect of any misdemeanor or any felony other than
84	84	56those described in subsection (c), or found not guilty of any misdemeanor by reason of mental 4 of 15
85	85	57illness or mental defect, outpatient status under this section may be granted by the court prior to
86	86	58actual confinement in a state hospital or other treatment facility under the provisions of law
87	87	59specified in section 16.
88	88	60 (e) Before any person subject to the provisions of subsection (d) may be placed on
89	89	61outpatient status, the court shall consider all of the following criteria:
90	90	62 (i) In the case of a person who is an inpatient, whether the director of the state hospital or
91	91	63other treatment facility to which the person has been committed advises the court that the
92	92	64defendant will not be a danger to the health and safety of others while on outpatient status, and
93	93	65will benefit from such outpatient status.
94	94	66 (ii) In all cases, whether the community program director or a designee advises the court
95	95	67that the defendant will not be a danger to the health and safety of others while on outpatient
96	96	68status, will benefit from such status, and identifies an appropriate program of supervision and
97	97	69treatment. In the case of a female defendant who suffers from mental illness related to a perinatal
98	98	70psychiatric complication such as postpartum psychosis or postpartum depression, an appropriate
99	99	71treatment program shall be identified in consultation with an expert in reproductive psychiatry.
100	100	72Additional services, including but not limited to parenting assessment, parenting capacity
101	101	73building and parent-child dyadic therapy shall also be made available if deemed appropriate by
102	102	74the consulting expert.
103	103	75 (f) Prior to determining whether to place a female defendant who suffers from mental
104	104	76illness related to a perinatal psychiatric complication on outpatient status, the court shall provide
105	105	77actual notice to the prosecutor and defense counsel, and to the victim, and shall hold a hearing at
106	106	78which the court may specifically order outpatient status for the defendant. . 5 of 15
107	107	79 (g) The community program director or a designee shall prepare and submit the
108	108	80evaluation and the treatment plan specified in paragraph (ii) of subsection (e) to the court within
109	109	8115 calendar days after notification by the court to do so, except that in the case of a defendant
110	110	82who is an inpatient, the evaluation and treatment plan shall be submitted within 30 calendar days
111	111	83after notification by the court to do so.
112	112	84 (h) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
113	113	85subsection (e) shall include review and consideration of complete, available information
114	114	86regarding the circumstances of the criminal offense and the defendant's prior criminal history.
115	115	87 (i) Before any person subject to subsection (c) of this section may be placed on
116	116	88outpatient status the court shall consider all of the following criteria:
117	117	89 (i) Whether the director of the state hospital or other treatment facility to which the
118	118	90defendant has been committed advises the committing court and the prosecutor that the
119	119	91defendant would no longer be a danger to the health and safety of others, including himself or[1]
120	120	92herself, while under supervision and treatment in the community, and will benefit from that
121	121	93status.
122	122	94 (ii) Whether the community program director advises the court that the defendant will
123	123	95benefit from said outpatient status, and identifies an appropriate program of supervision and
124	124	96treatment. In the case of a female defendant who suffers from mental illness related to a perinatal
125	125	97psychiatric complication such as postpartum psychosis or postpartum depression, an appropriate
126	126	98treatment program shall be identified in consultation with an expert in reproductive psychiatry.
127	127	99Additional services, including but not limited to parenting assessment, parenting capacity 6 of 15
128	128	100building and parent-child dyadic therapy shall also be made available if deemed appropriate by
129	129	101the consulting expert.
130	130	102 (j) Prior to release of a defendant under subsection (c), the prosecutor shall provide
131	131	103notice of the hearing date and pending release to the victim or next of kin of the victim of the
132	132	104offense for which the defendant was committed where a request for the notice has been filed with
133	133	105the court, and after a hearing in court, the court shall specifically approve the recommendation
134	134	106and plan for outpatient status. The burden shall be on the victim or next of kin to the victim to
135	135	107keep the court apprised of the party’s current mailing address.
136	136	108 (k) In any case in which the victim or next of kin to the victim has filed a request for
137	137	109notice with the director of the state hospital or other treatment facility, he or she shall be notified
138	138	110by the director at the inception of any program in which the committed person would be allowed
139	139	111any type of day release unattended by the staff of the facility.
140	140	112 (l) The community program director shall prepare and submit the evaluation and the
141	141	113treatment plan specified in paragraph (ii) of subsection (i) to the court within 30 calendar days
142	142	114after notification by the court to do so.
143	143	115 (m) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
144	144	116subsection (i) shall include review and consideration of complete, available information
145	145	117regarding the circumstances of the criminal offense and the defendant’s prior criminal history.
146	146	118 (n) Upon receipt by the committing court of the recommendation of the director of the
147	147	119state hospital or other treatment facility to which the person has been committed that the person
148	148	120may be eligible for outpatient status as set forth in paragraph (i) of subsection (e) or (i) of this
149	149	121section, the court shall immediately forward such recommendation to the community program 7 of 15
150	150	122director, prosecutor, and defense counsel. The court shall provide copies of the arrest reports and
151	151	123the state summary criminal history information to the community program director.
152	152	124 (o) Within 30 calendar days of commitment, the community program director or a
153	153	125designee shall submit to the court and, when appropriate, to the director of the state hospital or
154	154	126other treatment facility, a recommendation regarding the defendant’s eligibility for outpatient
155	155	127status, as set forth in paragraph (ii) of subsection (e) or (i) and the recommended plan for
156	156	128outpatient supervision and treatment. The plan shall set forth specific terms and conditions to be
157	157	129followed during outpatient status. The court shall provide copies of this report to the prosecutor
158	158	130and the defense counsel.
159	159	131 (p) The court shall calendar the matter for hearing within 15 business days of the receipt
160	160	132of the community program director’s report and shall give notice of the hearing date to the
161	161	133prosecutor, defense counsel, the community program director, and, when appropriate, to the
162	162	134director of the state hospital or other facility. In any hearing conducted pursuant to this section,
163	163	135the court shall consider the circumstances and nature of the criminal offense leading to
164	164	136commitment and shall consider the defendant’s prior criminal history.
165	165	137 (q) The court shall, after a hearing in court, either approve or disapprove the
166	166	138recommendation for outpatient status. If the approval of the court is given, the defendant shall be
167	167	139placed on outpatient status subject to the terms and conditions specified in the supervision and
168	168	140treatment plan. If the outpatient treatment occurs in a county other than the county of
169	169	141commitment, the court shall transmit a copy of the case record to the superior court in the county
170	170	142where outpatient treatment occurs, so that the record will be available if revocation proceedings
171	171	143are initiated pursuant to subsection (w) or (x). 8 of 15
172	172	144 (r) The department shall be responsible for the supervision of persons placed on
173	173	145outpatient status under this title. The commissioner shall designate, for each county or region, a
174	174	146community program director who shall be responsible for administering the community
175	175	147treatment programs for persons committed from that county or region under the provisions
176	176	148specified in subsection (b).
177	177	149 (s) The department shall notify in writing the chief justice of the trial court, the district
178	178	150attorney of each county, and the executive director of the committee on public counsel services
179	179	151as to the person designated to be the community program director for each county or region, and
180	180	152timely written notice shall be given whenever a new community program director is to be
181	181	153designated.
182	182	154 (t) The community program director shall be the outpatient treatment supervisor of
183	183	155persons placed on outpatient status under this section. The community program director may
184	184	156delegate the outpatient treatment supervision responsibility to a designee.
185	185	157 (u) The outpatient treatment supervisor shall, at 90-day intervals following the beginning
186	186	158of outpatient treatment, submit to the court, the prosecutor and defense counsel, and to the
187	187	159community program director, where appropriate, a report setting forth the status and progress of
188	188	160the defendant.
189	189	161 (v) Outpatient status shall be for a period not to exceed 1 year. At the end of the period
190	190	162of outpatient status approved by the court, the court shall, after actual notice to the prosecutor,
191	191	163the defense counsel, and the community program director, and after a hearing in court, either
192	192	164discharge the person from commitment under appropriate provisions of the law, order the person
193	193	165confined to a treatment facility, or renew its approval of outpatient status. Prior to such hearing, 9 of 15
194	194	166the community program director shall furnish a report and recommendation to the medical
195	195	167director of the state hospital or other treatment facility, where appropriate, and to the court,
196	196	168which the court shall make available to the prosecutor and defense counsel. The person shall
197	197	169remain on outpatient status until the court renders its decision unless hospitalized under another
198	198	170provision of the law. The hearing pursuant to the provisions of this section shall be held no later
199	199	171than 30 days after the end of the 1 year period of outpatient status unless good cause exists. The
200	200	172court shall transmit a copy of its order to the community program director or a designee.
201	201	173 (w) If at any time during the outpatient period, the outpatient treatment supervisor is of
202	202	174the opinion that the defendant requires extended inpatient treatment or refuses to accept further
203	203	175outpatient treatment and supervision, the community program director shall notify the superior
204	204	176court in either the county which approved outpatient status or in the county where outpatient
205	205	177treatment is being provided of such opinion by means of a written request for revocation of
206	206	178outpatient status. The community program director shall furnish a copy of this request to the
207	207	179defense counsel and to the prosecutor in both counties if the request is made in the county of
208	208	180treatment rather than the county of commitment. Within 15 business days, the court where the
209	209	181request was filed shall hold a hearing and shall either approve or disapprove the request for
210	210	182revocation of outpatient status. If the court approves the request for revocation, the court shall
211	211	183order that the defendant be confined in a state hospital or other treatment facility approved by the
212	212	184community program director. The court shall transmit a copy of its order to the community
213	213	185program director or a designee. Where the county of treatment and the county of commitment
214	214	186differ and revocation occurs in the county of treatment, the court shall enter the name of the
215	215	187committing county and its case number on the order of revocation and shall send a copy of the 10 of 15
216	216	188order to the committing court and the prosecutor and defense counsel in the county of
217	217	189commitment.
218	218	190 (x) If at any time during the outpatient period the prosecutor is of the opinion that the
219	219	191defendant is a danger to the health and safety of others while on that status, the prosecutor may
220	220	192petition the court for a hearing to determine whether the defendant shall be continued on that
221	221	193status. Upon receipt of the petition, the court shall calendar the case for further proceedings
222	222	194within 15 business days and the clerk shall notify the defendant, the community program
223	223	195director, and the attorney of record for the person of the hearing date. Upon failure of the
224	224	196defendant to appear as noticed, if a proper affidavit of service has been filed with the court, the
225	225	197court may issue a capias to compel the attendance of such defendant. If, after a hearing in court
226	226	198conducted using the same standards used in conducting probation revocation hearings pursuant
227	227	199to section 3 of chapter 279, the judge determines that the defendant is a danger to the health and
228	228	200safety of others, the court shall order that the defendant be confined in a state hospital or other
229	229	201treatment facility which has been approved by the community program director.
230	230	202 (y) Upon the filing of a request for revocation under subsection (w) or subsection (x) and
231	231	203pending the court’s decision on revocation, the defendant subject to revocation may be confined
232	232	204in a facility designated by the community program director when it is the opinion of that director
233	233	205that the defendant will now be a danger to themself or to another while on outpatient status and
234	234	206that to delay confinement until the revocation hearing would pose an imminent risk of harm to
235	235	207the defendant or to another. The facility so designated shall continue the person’s [2] program
236	236	208of treatment, shall provide adequate security so as to ensure both the safety of the defendant and
237	237	209the safety of others in the facility, and shall, to the extent possible, minimize interference with
238	238	210the defendant’s program of treatment. Upon the request of the community program director or a 11 of 15
239	239	211designee, a peace officer shall take, or cause to be taken, the defendant into custody and
240	240	212transport the defendant to a facility as described in subsection (z) and designated by the
241	241	213community program director for confinement under this section. Within 1 business day after the
242	242	214defendant is confined in a jail under this section, the community program director shall apply in
243	243	215writing to the court for authorization to confine the defendant pending the hearing under
244	244	216subsection (w) or subsection (x). The application shall be in the form of a declaration, and shall
245	245	217specify the behavior or other reason justifying the confinement of the defendant in a jail. Upon
246	246	218receipt of the application for confinement, the court shall consider and rule upon it, and if the
247	247	219court authorizes detention in a jail, the court shall actually serve copies of all orders and all
248	248	220documents filed by the community program director upon the prosecuting and defense counsel.
249	249	221The community program director shall notify the court in writing of the confinement of the
250	250	222defendant and of the factual basis for the opinion that the immediate confinement in a jail was
251	251	223necessary. The court shall supply a copy of these documents to the prosecutor and defense
252	252	224counsel.
253	253	225 (z) The facility designated by the community program director may be a state hospital, a
254	254	226local treatment facility, a county jail, or any other appropriate facility, so long as the facility can
255	255	227continue the defendant’s program of treatment, provide adequate security, and minimize
256	256	228interference with the defendant’s program of treatment. If the facility designated by the
257	257	229community program director is a county jail, the defendant shall be separated from the general
258	258	230population of the jail. A county jail may not be designated unless the services specified above are
259	259	231provided, and accommodations are provided which ensure both the safety of the defendant and
260	260	232the safety of the general population of the jail. Within 3 business days of the defendant’s
261	261	233confinement in a jail, the community program director shall report to the court regarding what 12 of 15
262	262	234type of treatment the defendant is receiving in the facility. If there is evidence that the treatment
263	263	235program is not being complied with, or accommodations have not been provided which ensure
264	264	236both the safety of the committed defendant and the safety of the general population of the jail,
265	265	237the court shall order the defendant transferred to an appropriate facility, including an appropriate
266	266	238state hospital.
267	267	239 (aa) A resentencing hearing shall be allowed in the following cases, in addition to those
268	268	240permitted under other sections:
269	269	241 At the time of the offense, the defendant was suffering from a serious perinatal
270	270	242psychiatric complication or a mental illness such as postpartum depression or postpartum
271	271	243psychosis, which though insufficient to establish the defense of insanity, substantially affected
272	272	244his or her ability to understand his or her acts or to conform his or her conduct to the
273	273	245requirements of the law.
274	274	246 At the time of the offense, the defendant was suffering from a serious perinatal
275	275	247psychiatric complication such as postpartum depression or postpartum psychosis which was
276	276	248either undiagnosed by a qualified medical professional (physician, psychiatrist or psychologist)
277	277	249or untreated or unsuccessfully treated, and this temporary mental illness tended to excuse or
278	278	250justify the defendant’s criminal conduct and was not used in trial or sentencing.
279	279	251 (bb) Nothing in this section shall prevent hospitalization pursuant to the provisions of
280	280	252section 12.
281	281	253 (cc) A defendant whose confinement in a treatment facility under subsection (w) or
282	282	254subsection (x) is approved by the court shall not be released again to outpatient status unless
283	283	255court approval is obtained under subsection (e) or subsection (i). 13 of 15
284	284	256 (dd) No defendant who is on outpatient status pursuant to this section shall leave this
285	285	257state without first obtaining prior written approval to do so from the committing court. The prior
286	286	258written approval of the court for the defendant to leave this state shall specify when the
287	287	259defendant may leave, when the defendant is required to return, and may specify other conditions
288	288	260or limitations at the discretion of the court. The written approval for the defendant to leave this
289	289	261state may be in a form and format chosen by the committing court.
290	290	262 (ee) In no event shall the court give written approval for the defendant to leave this state
291	291	263without providing notice to the prosecutor, the defense counsel, and the community program
292	292	264director. The court may conduct a hearing on the question of whether the defendant should be
293	293	265allowed to leave this state and what conditions or limitations, if any, should be imposed.
294	294	266 (ff) Any person who violates subsection (dd) is guilty of a misdemeanor and upon
295	295	267conviction shall be punished by imprisonment for not more than 6 months in a house of
296	296	268correction or by a fine of not more than $1,000.
297	297	269 (gg) The department shall be responsible for the community treatment and supervision of
298	298	270judicially committed patients. These services shall be available on a county or regional basis.
299	299	271The department may provide these services directly or through contract with private providers.
300	300	272The program or programs through which these services are provided shall be known as the
301	301	273forensic conditional release program.
302	302	274 (hh) The department shall contact all regional mental health programs by January 1,
303	303	2752026, to determine their interest in providing an appropriate level of supervision and treatment of
304	304	276judicially committed patients at reasonable cost. Regional mental health programs may agree or
305	305	277refuse to operate such a program. 14 of 15
306	306	278 (ii) No later than January 1, 2027, and by January 1 of each subsequent year, all state
307	307	279hospitals or other treatment facilities participating in the forensic conditional release program
308	308	280shall report to the commissioner the following information: (i) the cost of the program to the
309	309	281facility; (ii) the demographic profiles of persons receiving supervision and treatment in the
310	310	282program; and (iii) the rates of adherence to treatment under the program.
311	311	283 (jj) No later than January 1, 2027, and by January 1 of each subsequent year, the chief
312	312	284justice of the trial court shall report to the commissioner the following information: rates and
313	313	285types of reoffense while these persons are served by the program and after their discharge.
314	314	286 (kk) The department shall conduct yearly evaluations of the forensic conditional release
315	315	287program. An evaluation of the program shall determine its effectiveness in successfully
316	316	288reintegrating these persons into society after release from state institutions. This evaluation of
317	317	289program effectiveness shall include, but not be limited to, a determination of the rates of
318	318	290reoffense while these persons are served by the program and after their discharge. This
319	319	291evaluation shall also address the effectiveness of the various treatment components of the
320	320	292program and their intensity.
321	321	293 (ll) The department shall ensure consistent data gathering and program standards for use
322	322	294statewide by the forensic conditional release program.
323	323	295 (mm) The department of correction and the executive office of public safety and security
324	324	296shall cooperate with the department in conducting this evaluation.
325	325	297 (nn) The administrators and the supervision and treatment staff of the forensic
326	326	298conditional release program shall not be held criminally or civilly liable for any criminal acts 15 of 15
327	327	299committed by the persons on parole or judicial commitment status who receive supervision or
328	328	300treatment.
329	329	301 (oo) The court retains jurisdiction over the defendant until the end of the period of the
330	330	302assisted outpatient treatment established under this section or until the court finds that the
331	331	303defendant no longer meets the criteria in this section.
332	332	304 SECTION 6. In all cases in which the penalty of life imprisonment without the possibility
333	333	305of parole may be authorized, mitigating circumstances shall be any factors proffered by the
334	334	306defendant or the commonwealth which are relevant to a finding that a defendant suffered from
335	335	307mental illness related to a perinatal psychiatric complication such as postpartum psychosis or
336	336	308postpartum depression at the time the offense was committed.