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HOUSE DOCKET, NO. 1551 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2211
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Natalie M. Higgins
_________________
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 modernizing the six fundamental rights.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/15/2025Lindsay N. Sabadosa1st Hampshire1/28/2025Sally P. Kerans13th Essex2/10/2025James B. EldridgeMiddlesex and Worcester2/11/2025 1 of 5
HOUSE DOCKET, NO. 1551 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 2211
By Representative Higgins of Leominster, a petition (accompanied by bill, House, No. 2211) of
Natalie M. Higgins and others relative to persons receiving services from the Department of
Mental Health. Mental Health, Substance Use and Recovery.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act modernizing the six fundamental rights.
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 23 of Chapter 123 of the General Laws, as so appearing, is hereby
2amended by inserting the following words: “or video phone with transcription capabilities as
3needed for accessibility” following “(a) reasonable access to a telephone” and, in the same
4section, inserting “including access to one’s own phone or similar device to use and access
5information contained therein” following: “to make and receive confidential telephone calls and
6to assistance when desired and necessary to implement such right” and, in the same section,
7inserting “or other uses of a personal device” following “that such calls”.
8 SECTION 2: Section 23 of Chapter 123 of the General Laws shall further be amended by
9inserting the following words: “and electronic mail” following: “(b) to send and receive sealed,
10unopened, uncensored mail” and, in the same section, inserting “postal or other paper”
11following: “a particular person’s” and, in the same section, inserting “A computer or similar
12device” following: “contraband.” And, in the same section, removing ‘reasonable quantities’ 2 of 5
13following: “stamps in” and replacing it with “quantities great enough to provide for reasonable
14daily access”; And, in the same section, inserting “setting up and using e-mail or similar
15messaging applications” following: “Reasonable assistance shall be provided to such person in”;
16and, in the same section, inserting “Where an individual has available and wishes to bring a
17personal computer or similar device, this too shall be allowed with reasonable daily access
18given”.
19 SECTION 3: Section 23 of Chapter 123 of the General Laws shall further be amended by
20inserting the words: “even if not within normal visiting hours” following: ‘(c) to receive visitors
21of such person's own choosing daily and in private, at reasonable times. Hours during which
22visitors may be received may be limited only to protect the privacy of other persons and to avoid
23serious disruptions in the normal functioning of the facility or program and shall be sufficiently
24flexible as to accommodate individual needs and desires of such person and the visitors of such
25person”.
26 SECTION 4: Section 23 of Chapter 123 of the General Laws shall further be amended by
27inserting the words: “in a manner also appropriate to their stated gender identity and with
28reasonable access to culturally relevant personal care products” following: “(d) to a humane
29psychological and physical environment. Each such person shall be provided living quarters and
30accommodations which afford privacy and security in resting, sleeping, dressing, bathing and
31personal hygiene, reading and writing and in toileting”.
32 SECTION 5: Section 23 of Chapter 123 of the General Laws shall further be amended by
33inserting the words: “peer supporter” and “recovery coach” following: “(e) to receive at any
34reasonable time as defined in department regulations, or refuse to receive, visits and telephone 3 of 5
35calls from a client's attorney or legal advocate, physician, psychologist, clergy member” and, in
36the same section, inserting ‘therapist, or any other community mental health, medical or holistic
37provider” following: “social worker”.
38 SECTION 6: Section 23 of Chapter 123 of the General Laws shall further be amended by
39inserting: “The Department shall also promulgate regulations for implementation of fines no less
40than $100.00 per incident applicable upon findings that a facility has continued to commit
41violations of any right(s) named anywhere in this Section after having been given fair warning
42and reasonable opportunity to correct and shall further establish regulations for the management
43of a fund where all fines shall be held and then equitably distributed by a formal but expeditious
44request process to benefit the individual or collective needs of people staying in any facility that
45fall under this law” after “and the reasons therefor shall be documented with specific facts in the
46client's record and subject to timely appeal” and, in the same section, insert: “or any other right
47mentioned in Section 23” following: “Any dispute or disagreement concerning the exercise of
48the aforementioned rights in clause (a) to (f)”.
49 SECTION 7: Section 23 of Chapter 123 of the General Laws shall further be amended to
50include: “The Department will also be responsible for contracting out to one or more qualified
51legal or advocacy organization a minimum of three new full-time positions wherein those so
52employed will be responsible for investigating complaints, assessing fines and collectively
53managing distributions for the related fund”, directly following the addition named in Section 5.
54 SECTION 8: As used in this section, the following words shall, unless the context clearly
55requires otherwise, have the following meanings: 4 of 5
56 “CONFIDENTIAL CALLS”, the ability to make phone calls outside of and far enough
57away from any common use or staff-occupied space – preferably enclosed and free of
58expectation of routine interruptions - that a reasonable person would confidently agree that the
59content of a call could not be overheard
60 “EQUITABLE”, considering reasonable access and distribution across facilities,
61geography and needs as much as funds allow and with the understanding that equity is not the
62same as equal
63 “LEGAL ADVOCATE”, individual reasonably informed and able to support someone
64else to become informed about and exercise their legal rights and not necessarily someone who
65has been through formal legal training
66 “PEER SUPPORTER”, individual working in a designated peer role including peer
67advocates, community bridgers, Recovery Coaches, Certified Peer Specialists and similar.
68 “SERIOUS DISRUPTIONS”, interference that would lead either to significant safety
69risks and/or inability for employees to carry our core responsibilities across the unit and not to be
70interpreted as simply interfering with an individual’s participation or similar
71 “RECEIVE OR REFUSE TO RECEIVE”, in an environments where a facility employee
72monitors or otherwise controls entry, this shall be understood to mean asking the person if they
73do or do not want a visitor before the visitor is granted access to the facility
74 “STATED GENDER IDENTITY”, someone’s gender identity as they have stated it as
75opposed to sex stated in their medical records 5 of 5
76 “CULTURALLY RELEVANT PERSONAL CARE ITEMS”, items that are formulated,
77developed and marketed to adequately care for particular skin and hair types, etc. May also
78include gender affirming care items like binders and similar; Should also be assumed to include
79consistent access to tampons, sanitary pads and other basic hygiene items.