1 | 1 | | 1 of 2 |
---|
2 | 2 | | HOUSE DOCKET, NO. 3034 FILED ON: 1/16/2025 |
---|
3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2686 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | David M. Rogers |
---|
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 police interactions with persons on the autism spectrum. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025James Arciero2nd Middlesex2/21/2025Christine P. Barber34th Middlesex2/18/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025Manny Cruz7th Essex2/27/2025James B. EldridgeMiddlesex and Worcester2/27/2025William C. Galvin6th Norfolk2/25/2025Colleen M. Garry36th Middlesex2/10/2025James K. Hawkins2nd Bristol2/11/2025Christopher Hendricks11th Bristol2/10/2025Natalie M. Higgins4th Worcester2/8/2025Vanna Howard17th Middlesex1/21/2025Hannah Kane11th Worcester2/7/2025David Paul Linsky5th Middlesex2/10/2025John J. Marsi6th Worcester2/13/2025Thomas M. Stanley9th Middlesex3/4/2025Steven Ultrino33rd Middlesex3/6/2025Erika Uyterhoeven27th Middlesex2/19/2025 2 of 2 |
---|
16 | 16 | | Marcus S. Vaughn9th Norfolk2/26/2025Susannah M. Whipps2nd Franklin2/7/2025 1 of 4 |
---|
17 | 17 | | HOUSE DOCKET, NO. 3034 FILED ON: 1/16/2025 |
---|
18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2686 |
---|
19 | 19 | | By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 2686) of |
---|
20 | 20 | | David M. Rogers and others relative to police training in appropriate interactions with persons on |
---|
21 | 21 | | the autism spectrum and other intellectual and developmental disabilities. Public Safety and |
---|
22 | 22 | | Homeland Security. |
---|
23 | 23 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
---|
24 | 24 | | SEE HOUSE, NO. 2351 OF 2023-2024.] |
---|
25 | 25 | | The Commonwealth of Massachusetts |
---|
26 | 26 | | _______________ |
---|
27 | 27 | | In the One Hundred and Ninety-Fourth General Court |
---|
28 | 28 | | (2025-2026) |
---|
29 | 29 | | _______________ |
---|
30 | 30 | | An Act relative to police interactions with persons on the autism spectrum. |
---|
31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
32 | 32 | | of the same, as follows: |
---|
33 | 33 | | 1 Chapter 6 of the General Laws is hereby amended by inserting after section 116I the |
---|
34 | 34 | | 2following section:- |
---|
35 | 35 | | 3 Section 116I ½. (a) For the purposes of this section, the following words shall, unless the |
---|
36 | 36 | | 4context clearly requires otherwise, have the following meanings:- |
---|
37 | 37 | | 5 “Agency”, the ability to make independent decisions and act in one’s own best interests. |
---|
38 | 38 | | 6 “Autism spectrum”, a disorder or disability on the autism spectrum, including but not |
---|
39 | 39 | | 7limited to: autistic disorder, Asperger's disorder, pervasive developmental disorder - not |
---|
40 | 40 | | 8otherwise specified, childhood disintegrative disorder, nonverbal learning disorder or Rhett's 2 of 4 |
---|
41 | 41 | | 9Syndrome, as defined in the most recent edition of the Diagnostic and Statistical Manual of the |
---|
42 | 42 | | 10American Psychiatric Association. |
---|
43 | 43 | | 11 “Correction officer”, any officer employed by a correctional facility who is tasked with |
---|
44 | 44 | | 12the custody, care or transport of incarcerated or detained persons. |
---|
45 | 45 | | 13 “Correctional facility”, as defined in section 1 of chapter 125. |
---|
46 | 46 | | 14 “Intellectual and developmental disabilities”, an intellectual or developmental disability, |
---|
47 | 47 | | 15as defined in the most recent edition of the Diagnostic and Statistical Manual of the American |
---|
48 | 48 | | 16Psychiatric Association. |
---|
49 | 49 | | 17 “Law enforcement agency”, (i) a state, county, municipal or district law enforcement |
---|
50 | 50 | | 18agency, including, but not limited to: a city, town or district police department, the office of |
---|
51 | 51 | | 19environmental law enforcement, the University of Massachusetts police department, the |
---|
52 | 52 | | 20department of the state police, the Massachusetts Port Authority police department, also known |
---|
53 | 53 | | 21as the Port of Boston Authority police department, and the Massachusetts Bay Transportation |
---|
54 | 54 | | 22Authority police department; (ii) a sheriff’s department in its performance of police duties and |
---|
55 | 55 | | 23functions; or (iii) a public or private college, university or other educational institution or |
---|
56 | 56 | | 24hospital police department. |
---|
57 | 57 | | 25 “Law enforcement officer” or “officer”, any officer of an agency, including the head of |
---|
58 | 58 | | 26the agency; a special state police officer appointed pursuant to section 58 or section 63 of chapter |
---|
59 | 59 | | 2722C; a special sheriff appointed pursuant to section 4 of chapter 37 performing police duties and |
---|
60 | 60 | | 28functions; a deputy sheriff appointed pursuant to section 3 of said chapter 37 performing police |
---|
61 | 61 | | 29duties and functions; a constable executing an arrest for any reason; or any other special, reserve |
---|
62 | 62 | | 30or intermittent police officer. 3 of 4 |
---|
63 | 63 | | 31 (b) The municipal police training committee shall establish an in-service training |
---|
64 | 64 | | 32curriculum on or before January 1, 2024 for the training of law enforcement officers and |
---|
65 | 65 | | 33correction officers in appropriate interactions with persons on the autism spectrum and persons |
---|
66 | 66 | | 34with other intellectual and developmental disabilities; provided, that this training shall not |
---|
67 | 67 | | 35increase the currently required hours of in-service training. The municipal police training |
---|
68 | 68 | | 36committee shall develop guidelines for law enforcement response to persons on the autism |
---|
69 | 69 | | 37spectrum and persons with other intellectual and developmental disabilities who are victims or |
---|
70 | 70 | | 38witnesses to a crime, or suspected or convicted of a crime. The course of instruction and the |
---|
71 | 71 | | 39guidelines shall emphasize: (1) positive responses to persons on the autism spectrum and persons |
---|
72 | 72 | | 40with other intellectual and developmental disabilities, (2) de-escalating potentially dangerous |
---|
73 | 73 | | 41situations, (3) understanding of the different manner by which persons on the autism spectrum |
---|
74 | 74 | | 42and persons with other intellectual and developmental disabilities process sensory stimuli and |
---|
75 | 75 | | 43language and (4) appropriate methods of interrogation. The training shall address the best |
---|
76 | 76 | | 44practices for interactions with the broad range of persons on the autism spectrum and persons |
---|
77 | 77 | | 45with other intellectual and developmental disabilities, including those with intersecting |
---|
78 | 78 | | 46marginalized identities. |
---|
79 | 79 | | 47 The training presenters shall include presentations from adults on the autism spectrum. |
---|
80 | 80 | | 48Where appropriate, the training presenters shall also include experts on autism spectrum |
---|
81 | 81 | | 49disorders who also have expertise in the law enforcement or correction field. |
---|
82 | 82 | | 50 (c) The in-service training for law enforcement officers and correction officers shall |
---|
83 | 83 | | 51include not less than 2 hours of instruction in the procedures and techniques described below: 4 of 4 |
---|
84 | 84 | | 52 (1) The nature and manifestations of autism spectrum disorders and other intellectual and |
---|
85 | 85 | | 53developmental disabilities. |
---|
86 | 86 | | 54 (2) Appropriate techniques for interviewing or interrogating persons on the autism |
---|
87 | 87 | | 55spectrum and persons with other intellectual and developmental disabilities, including techniques |
---|
88 | 88 | | 56to ensure legality of statements made, and techniques to protect the rights of the interviewee. |
---|
89 | 89 | | 57 (3) Techniques for locating persons on the autism spectrum and persons with other |
---|
90 | 90 | | 58intellectual and developmental disabilities who runs away and are in danger, and returning the |
---|
91 | 91 | | 59person while causing as little stress as possible to the person. |
---|
92 | 92 | | 60 (4) The legal duties imposed on police officers to offer protection and assistance, |
---|
93 | 93 | | 61including guidelines for making felony and misdemeanor arrests, and appropriate techniques for |
---|
94 | 94 | | 62arrest and restraint of persons on the autism spectrum and persons with other intellectual and |
---|
95 | 95 | | 63developmental disabilities. |
---|
96 | 96 | | 64 (5) Techniques for de-escalating a potentially dangerous situation to maximize the safety |
---|
97 | 97 | | 65of both: (i) law enforcement officers or correction officers and (ii) persons on the autism |
---|
98 | 98 | | 66spectrum and persons with other intellectual and developmental disabilities. |
---|
99 | 99 | | 67 (6) Techniques for differentiating between persons on the autism spectrum and persons |
---|
100 | 100 | | 68with other intellectual and developmental disabilities from a person who is belligerent, |
---|
101 | 101 | | 69uncooperative or otherwise displaying traits similar to the characteristics of a person on the |
---|
102 | 102 | | 70autism spectrum and persons with other intellectual and developmental disabilities. |
---|
103 | 103 | | 71 (7) Procedures to ensure the safety and wellbeing of persons on the autism spectrum and |
---|
104 | 104 | | 72persons with other intellectual and developmental disabilities in a correctional facility. |
---|