Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3291 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 457 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3291
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christine P. Barber
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 transferring Bridgewater State Hospital from the Department of Correction to the
13	13	Department of Mental Health.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/9/2025Rodney M. Elliott16th Middlesex3/7/2025Mary S. Keefe15th Worcester3/4/2025Sally P. Kerans13th Essex3/5/2025Lindsay N. Sabadosa1st Hampshire2/10/2025Susannah M. Whipps2nd Franklin3/3/2025 1 of 6
17	17	HOUSE DOCKET, NO. 457 FILED ON: 1/9/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 3291
19	19	By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 3291) of
20	20	Christine P. Barber and others for legislation to transfer Bridgewater State Hospital from the
21	21	Department of Correction to the Department of Mental Health. State Administration and
22	22	Regulatory Oversight.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 2985 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 transferring Bridgewater State Hospital from the Department of Correction to the
31	31	Department of Mental Health.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Section 7 of Chapter 19, as appearing in the 2016 Official Edition, is hereby
35	35	2amended by inserting, in line 3, after the words "health facilities, the following new language:- “,
36	36	3including the Bridgewater State Hospital,”:–
37	37	4 SECTION 2. Section 7 of Chapter 19, as so appearing, is hereby amended by inserting
38	38	5after the first paragraph the following paragraph:
39	39	6 The commissioner shall have the responsibility for the operation and oversight of
40	40	7Bridgewater State Hospital and for providing, according to the rules and regulations of the
41	41	8department of mental health, all medical and mental health treatment for all men sent to that 2 of 6
42	42	9facility. The Commissioner will operate Bridgewater State Hospital in accordance with section
43	43	1016A of this chapter, the provisions of chapter 123 and regulations of the department. The
44	44	11Commissioner shall provide forensic services for individuals committed for evaluation or
45	45	12treatment pursuant to sections 15 through 18 of chapter 123, as well as continuing care inpatient
46	46	13services for individuals determined to require strict security in accordance with the regulations of
47	47	14the department.
48	48	15 SECTION 3. Section 18 of Chapter 125, as so appearing, is hereby repealed.
49	49	16 SECTION 4. Chapter 19 of the General Laws, as so appearing, is hereby amended by
50	50	17inserting after section 16A the following section: –
51	51	18 Section 16B. The department shall develop and maintain, in accordance with its
52	52	19standards, a division of forensic mental health services to provide forensic services that shall
53	53	20include, but shall not be limited to: court-ordered evaluations of competence to stand trial,
54	54	21criminal responsibility, and aid-in-sentencing; programs and services for restoration of
55	55	22competence for individuals who have been adjudicated incompetent to stand trial; evaluations of
56	56	23need for care and treatment for individuals who have been adjudicated incompetent to stand trial,
57	57	24not guilty by reason of mental illness or who are being held in correctional facilities or places of
58	58	25detention; the setting of standards for and certification of clinicians qualified to perform
59	59	26evaluations; and specialized risk assessment evaluations; and the establishment and maintenance
60	60	27of court clinics for the performance of clinical consultations and court-ordered evaluations.
61	61	28Forensic services may also include, but shall not be limited to: programs and services for police
62	62	29and pre-trial diversion; post adjudication alternatives to incarceration, including specialty court
63	63	30services; and re-entry. 3 of 6
64	64	31 The division shall give major consideration to the development of forensic health services
65	65	32that can be provided in the community or in settings other than an inpatient facility.
66	66	33 SECTION 5. Section 4 of Chapter 123, as so appearing, is hereby amended by striking
67	67	34the words “, or the medical director if said person is at the Bridgewater state hospital,” in the first
68	68	35sentence of the first paragraph.
69	69	36 SECTION 6. Section 4 of Chapter 123, as so appearing, is hereby amended by striking
70	70	37out the words in the second paragraph “or the medical director at the Bridgewater state hospital”.
71	71	38 SECTION 7. Section 4 of Chapter 123, as so appearing, is hereby amended by striking
72	72	39out in the third paragraph the words “or said medical director“.
73	73	40 SECTION 8. Section 7(b) of Chapter 123, as so appearing, is hereby amended by
74	74	41replacing it with the following
75	75	42 (b) The Commissioner of mental health, or with the approval of the commissioner of
76	76	43mental health, the superintendent of a facility, may petition the district court or the division of
77	77	44the juvenile court department in whose jurisdiction the facility is located for the commitment to
78	78	45the Bridgewater state hospital of any male patient at said facility when it is determined that the
79	79	46failure to hospitalize in strict security would create a likelihood of serious harm by reason of
80	80	47mental illness.
81	81	48 SECTION 9. Section 8B of Chapter 123, as so appearing, is amended by striking out the
82	82	49words in the first paragraph “or medical director of the Bridgewater state hospital”.
83	83	50 SECTION 10. Section 13 of Chapter 123, as so appearing, is hereby repealed. 4 of 6
84	84	51 SECTION 11. Section 14 of Chapter 123, as so appearing, is deleted and inserting in
85	85	52place thereof the following paragraph:
86	86	53 Whenever the failure to retain any person in strict security would not create a likelihood
87	87	54of serious harm by reason of mental illness but that such person is in need of further care and
88	88	55treatment in a facility, the superintendent shall submit a request to the commissioner for a
89	89	56transfer to another facility. The commissioner will approve transfer from Bridgewater to a
90	90	57designated facility. The Commissioner shall execute the transfer within thirty days of receipt of
91	91	58such request.
92	92	59 SECTION 12. Section 16(b) of Chapter 123, as so appearing, is amended by striking out
93	93	60the words in the first sentence “or the medical director of the Bridgewater state hospital”.
94	94	61 SECTION 13. Section 16(e) of Chapter 123, as so appearing, is amended by striking out
95	95	62the words “or medical director of Bridgewater state hospital”.
96	96	63 SECTION 14. Section 17(a) of Chapter 123, as so appearing, is amended by striking out
97	97	64the words “or the medical director of Bridgewater state hospital” and striking out the words “or
98	98	65medical director”.
99	99	66 SECTION 15 Section 17(a) of Chapter 123, as so appearing, is amended by striking the
100	100	67words “or medical director”.
101	101	68 SECTION 16. Section 18(a) of Chapter 123, as so appearing, is amended by striking out
102	102	69the words “and the medical director of the Bridgewater state hospital” and “; provided, however,
103	103	70that, notwithstanding the court's failure, after an initial hearing or after any subsequent hearing,
104	104	71to make a finding required for commitment to the Bridgewater state hospital, the prisoner shall 5 of 6
105	105	72be confined at said hospital if the findings required for commitment to a facility are made and if
106	106	73the commissioner of correction certifies to the court that confinement of the prisoner at said
107	107	74hospital is necessary to insure his continued retention in custody.”
108	108	75 SECTION 17. Section 18(c) of Chapter 123, as so appearing, is amended by striking out
109	109	76the words “or the medical director of the Bridgewater state hospital”.
110	110	77 SECTION 18. Section 21 of Chapter 123 of the General Laws, as so appearing, is hereby
111	111	78amended by striking out the twelfth paragraph and inserting in place thereof the following
112	112	79paragraph:–
113	113	80 A copy of the restraint form and any such attachments shall become part of the chart of
114	114	81the patient. Copies of all restraint forms and attachments shall be sent to the commissioner of
115	115	82mental health who will review and sign them within thirty days. Statistical restraint records shall
116	116	83be kept for every facility and each designated physician, in a form and manner that will permit
117	117	84the commissioner to analyze and, if appropriate, request corrective action regarding the use of
118	118	85restraint in facilities under supervision and control of the department and all facilities licensed by
119	119	86it. Such data, excluding patient identification, shall be made available to the general public.
120	120	87 SECTION 19. Section 33 of chapter 123 of the General Laws, as so appearing, is hereby
121	121	88repealed.
122	122	89 SECTION 20. The Commissioner of the Department of Mental Health shall conduct a
123	123	90study of the feasibility of constructing a new physical facility for the treatment of patients
124	124	91currently held at Bridgewater State Hospital which shall support the health and recovery of the
125	125	92patients. The study shall include, but not be limited to, an examination of the possible locations
126	126	93for the construction of the facility, including the campus of the Worcester Recovery Center. 6 of 6
127	127	94 SECTION 21. This Act shall be effective no later than December 31, 2026.