Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1171 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1643 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1171
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
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 :Joan B. LovelySecond Essex 1 of 16
16	16	SENATE DOCKET, NO. 1643 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1171
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 1171) of Joan B. Lovely for
19	19	legislation relative to the well-being of new mothers and infants. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE SENATE, NO. 2398 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to the well-being of new mothers and infants.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 1 of Chapter 123 of the General Laws, as so appearing, is hereby
31	31	2amended by inserting at the end thereof the following new definitions:-
32	32	3 “Postpartum psychosis”, the most severe of the perinatal mood and anxiety disorders
33	33	4whereby an individual experiences alternating states of depression and/or mania (euphoria) and
34	34	5loses touch with reality. Postpartum psychosis severely impairs an individual’s thinking and
35	35	6judgment, with symptoms including, but not limited to, hallucinations and/or delusions,
36	36	7cognitive confusion and disorientation, disorganized or racing thoughts, minimal need for sleep,
37	37	8delirium, and excessive restlessness, such as pacing.
38	38	9 “Postpartum depression”, a mood disorder which includes a variety of moderate to severe
39	39	10symptoms of depression, severe anxiety, panic attacks and/or intrusive distressing obsessive 2 of 16
40	40	11thoughts and compulsive ritualistic behavior. Clinical symptoms of depression include, but are
41	41	12not limited to: insomnia and sleep disturbances; loss of pleasure and motivation in usual
42	42	13activities, including lack of interest in the infant sad and depressed mood; lack of clarity in
43	43	14thinking; lack of appetite or interest in eating; feelings of hopelessness, worthlessness and poor
44	44	15self-esteem; extreme fatigue; suicidal thoughts; not feeling like oneself; feeling overwhelmed
45	45	16and unable to cope with life’s demands.
46	46	17 SECTION 2. (a) As used in this section, “perinatal” shall refer to the period of time from
47	47	18pregnancy up until one year following birth.
48	48	19 (b) The department of public health may consult with health care providers, including,
49	49	20but not limited to, obstetricians, gynecologists, pediatricians, primary care providers, nurse
50	50	21midwives, psychiatrists, and mental health clinicians, non-profit organizations, community
51	51	22organizations, organizations providing prenatal childbirth education, and health insurance
52	52	23carriers regarding development of a comprehensive digital resource center on perinatal mood and
53	53	24anxiety disorders, including but not limited to postpartum depression and postpartum psychosis.
54	54	25The department shall create, maintain, and update this digital resource center, which shall be free
55	55	26and available to the public, and shall include information and resources for health care providers
56	56	27and organizations serving perinatal individuals to aid them in treating or making appropriate
57	57	28referrals for individuals experiencing perinatal psychiatric complications, as well as information
58	58	29and resources for perinatal individuals and their families to aid them in understanding and
59	59	30identifying perinatal mood and anxiety disorders and how to navigate available resources.
60	60	31 (c) The department shall issue regulations that require health care providers and
61	61	32organizations providing services to perinatal individuals, including, but not limited to, 3 of 16
62	62	33obstetricians, gynecologists, pediatricians, primary care providers, nurse midwives, psychiatrists,
63	63	34and mental health clinicians, non-profit organizations, community organizations, and
64	64	35organizations providing prenatal childbirth education, to provide information to perinatal
65	65	36individuals and their families about how to access the digital resource center described in
66	66	37subsection (b), or to provide hard copies of the materials included in the digital resource center to
67	67	38individuals unable to access digital resources.
68	68	39 (d) The commissioner of public health shall issue an annual summary of the use of the
69	69	40digital resource center described in subsection (b), including but not limited to which portions of
70	70	41the resource center were the most and least utilized by visitors, and shall annually file the
71	71	42summary with the clerks of the house of representatives and the senate not later than June 30;
72	72	43provided, however, that the first report is due not later than the June 30 following publication of
73	73	44the digital resource center.
74	74	45 SECTION 3. Section 15 of chapter 123 of the General Laws, as so appearing, is hereby
75	75	46amended by inserting after the word “psychologists”, in lines 7 and 8, the following words:
76	76	47provided however, that a defendant who gave birth within 12 months prior to the crime for which
77	77	48the defendant has been charged shall undergo a screening for perinatal psychiatric complications
78	78	49by a treating physician, psychiatrist or psychologist or other qualified physician or psychologist.
79	79	50 SECTION 4. Subsection (a) of section 15 of chapter 123 of the General Laws, as so
80	80	51appearing, is hereby amended by inserting at the end thereof the following new sentence:- When
81	81	52an examination is ordered for a female defendant who suffers or suffered, at the time the crime
82	82	53for which the defendant has been charged with occurred, from mental illness related to a
83	83	54perinatal psychiatric complication such as postpartum psychosis or postpartum depression, said 4 of 16
84	84	55examination shall be conducted by an expert in reproductive psychiatry within 48 hours of such
85	85	56order.
86	86	57 SECTION 5. Section 16 of chapter 123 of the General Laws, as so appearing, is hereby
87	87	58amended by inserting at the end thereof the following new subsection:-
88	88	59 (g) Any person committed to a facility under the provisions of this section who suffers
89	89	60from mental illness related to a perinatal psychiatric complication such as postpartum psychosis
90	90	61or postpartum depression shall receive a diagnosis and treatment plan made in consultation with
91	91	62an expert in reproductive psychiatry. Additional services, including but not limited to parenting
92	92	63assessment, parenting capacity building, and parent-child dyadic therapy shall be made available
93	93	64if deemed appropriate by the consulting expert.
94	94	65 SECTION 6. Chapter 123 of the General Laws, as so appearing, is hereby amended by
95	95	66adding the following section:- Section 37. (a) The department shall appoint a community
96	96	67program director to coordinate the department’s role provided for in this section in a particular
97	97	68county or region.
98	98	69 (b) Any person committed to a state hospital or other treatment facility under the
99	99	70provisions of section 16 may be placed on outpatient status, from that commitment subject to the
100	100	71procedures and provisions of this section.
101	101	72 (c) In the case of any person charged with and found incompetent to stand trial or not
102	102	73guilty by reason of mental illness or mental defect in such proceedings of murder, a violation in
103	103	74which the victim suffers intentionally inflicted great bodily injury, or an act which poses a
104	104	75serious threat of bodily harm to another person, outpatient status under this section shall not be
105	105	76available until that person has actually been confined in a state hospital or other treatment facility 5 of 16
106	106	77for 180 days or more after having been committed under the provisions of law specified in
107	107	78section 16, unless the court finds a suitable placement, including, but not limited to, an outpatient
108	108	79placement program, that would provide the person with more appropriate mental health
109	109	80treatment and the court finds that the placement would not pose a danger to the health or safety
110	110	81of others, including, but not limited to, the safety of the victim and the victim’s family.
111	111	82 (d) In the case of any person charged with and found incompetent to stand trial or not
112	112	83guilty by reason of mental illness or mental defect of any misdemeanor or any felony other than
113	113	84those described in subsection (c), or found not guilty of any misdemeanor by reason of mental
114	114	85illness or mental defect outpatient status under this section may be granted by the court prior to
115	115	86actual confinement in a state hospital or other treatment facility under the provisions of law
116	116	87specified in section 16.
117	117	88 (e) Before any person subject to the provisions of subsection (d) may be placed on
118	118	89outpatient status, the court shall consider all of the following criteria:
119	119	90 (i) In the case of a person who is an inpatient, whether the director of the state hospital or
120	120	91other treatment facility to which the person has been committed advises the court that the
121	121	92defendant will not be a danger to the health and safety of others while on outpatient status, and
122	122	93will benefit from such outpatient status.
123	123	94 (ii) In all cases, whether the community program director or a designee advises the court
124	124	95that the defendant will not be a danger to the health and safety of others while on outpatient
125	125	96status, will benefit from such status, and identifies an appropriate program of supervision and
126	126	97treatment. In the case of a female defendant who suffers from mental illness related to a perinatal
127	127	98psychiatric complication such as postpartum psychosis or postpartum depression, an appropriate 6 of 16
128	128	99treatment program shall be identified in consultation with an expert in reproductive psychiatry.
129	129	100Additional services, including but not limited to parenting assessment, parenting capacity
130	130	101building and parent-child dyadic therapy shall also be made available if deemed appropriate by
131	131	102the consulting expert.
132	132	103 (f) Prior to determining whether to place the person on outpatient status, the court shall
133	133	104provide actual notice to the prosecutor and defense counsel, and to the victim, and shall hold a
134	134	105hearing at which the court may specifically order outpatient status for the person.
135	135	106 (g) The community program director or a designee shall prepare and submit the
136	136	107evaluation and the treatment plan specified in paragraph (ii) of subsection (e) to the court within
137	137	10815 calendar days after notification by the court to do so, except that in the case of a person who
138	138	109is an inpatient, the evaluation and treatment plan shall be submitted within 30 calendar days after
139	139	110notification by the court to do so.
140	140	111 (h) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
141	141	112subsection (e) shall include review and consideration of complete, available information
142	142	113regarding the circumstances of the criminal offense and the person’s prior criminal history.
143	143	114 (i) Before any person subject to subsection (c) of this section may be placed on outpatient
144	144	115status the court shall consider all of the following criteria:
145	145	116 (i) Whether the director of the state hospital or other treatment facility to which the
146	146	117person has been committed advises the committing court and the prosecutor that the defendant
147	147	118would no longer be a danger to the health and safety of others, including himself or herself,
148	148	119while under supervision and treatment in the community, and will benefit from that status. 7 of 16
149	149	120 (ii) Whether the community program director advises the court that the defendant will
150	150	121benefit from that status, and identifies an appropriate program of supervision and treatment. In
151	151	122the case of a female defendant who suffers from mental illness related to a perinatal psychiatric
152	152	123complication such as postpartum psychosis or postpartum depression, an appropriate treatment
153	153	124program shall be identified in consultation with an expert in reproductive psychiatry. Additional
154	154	125services, including but not limited to parenting assessment, parenting capacity building and
155	155	126parent-child dyadic therapy shall also be made available if deemed appropriate by the consulting
156	156	127expert.
157	157	128 (j) Prior to release of a person under subsection (c), the prosecutor shall provide notice of
158	158	129the hearing date and pending release to the victim or next of kin of the victim of the offense for
159	159	130which the person was committed where a request for the notice has been filed with the court, and
160	160	131after a hearing in court, the court shall specifically approve the recommendation and plan for
161	161	132outpatient status. The burden shall be on the victim or next of kin to the victim to keep the court
162	162	133apprised of the party’s current mailing address.
163	163	134 (k) In any case in which the victim or next of kin to the victim has filed a request for
164	164	135notice with the director of the state hospital or other treatment facility, he or she shall be notified
165	165	136by the director at the inception of any program in which the committed person would be allowed
166	166	137any type of day release unattended by the staff of the facility.
167	167	138 (l) The community program director shall prepare and submit the evaluation and the
168	168	139treatment plan specified in paragraph (ii) of subsection (i) to the court within 30 calendar days
169	169	140after notification by the court to do so. 8 of 16
170	170	141 (m) Any evaluations and recommendations pursuant to paragraphs (i) and (ii) of
171	171	142subsection (i) shall include review and consideration of complete, available information
172	172	143regarding the circumstances of the criminal offense and the person’s prior criminal history.
173	173	144 (n) Upon receipt by the committing court of the recommendation of the director of the
174	174	145state hospital or other treatment facility to which the person has been committed that the person
175	175	146may be eligible for outpatient status as set forth in paragraph (i) of subsection (e) or (i) of this
176	176	147section, the court shall immediately forward such recommendation to the community program
177	177	148director, prosecutor, and defense counsel. The court shall provide copies of the arrest reports and
178	178	149the state summary criminal history information to the community program director.
179	179	150 (o) Within 30 calendar days the community program director or a designee shall submit
180	180	151to the court and, when appropriate, to the director of the state hospital or other treatment facility,
181	181	152a recommendation regarding the defendant’s eligibility for outpatient status, as set forth in
182	182	153paragraph (ii) of subsection (e) or (i) and the recommended plan for outpatient supervision and
183	183	154treatment. The plan shall set forth specific terms and conditions to be followed during outpatient
184	184	155status. The court shall provide copies of this report to the prosecutor and the defense counsel.
185	185	156 (p) The court shall calendar the matter for hearing within 15 business days of the receipt
186	186	157of the community program director’s report and shall give notice of the hearing date to the
187	187	158prosecutor, defense counsel, the community program director, and, when appropriate, to the
188	188	159director of the state hospital or other facility. In any hearing conducted pursuant to this section,
189	189	160the court shall consider the circumstances and nature of the criminal offense leading to
190	190	161commitment and shall consider the person’s prior criminal history. 9 of 16
191	191	162 (q) The court shall, after a hearing in court, either approve or disapprove the
192	192	163recommendation for outpatient status. If the approval of the court is given, the defendant shall be
193	193	164placed on outpatient status subject to the terms and conditions specified in the supervision and
194	194	165treatment plan. If the outpatient treatment occurs in a county other than the county of
195	195	166commitment, the court shall transmit a copy of the case record to the superior court in the county
196	196	167where outpatient treatment occurs, so that the record will be available if revocation proceedings
197	197	168are initiated pursuant to subsection (w) or (x).
198	198	169 (r) The department shall be responsible for the supervision of persons placed on
199	199	170outpatient status under this title. The commissioner shall designate, for each county or region, a
200	200	171community program director who shall be responsible for administering the community
201	201	172treatment programs for persons committed from that county or region under the provisions
202	202	173specified in subsection (b).
203	203	174 (s) The department shall notify in writing the chief justice of the trial court, the district
204	204	175attorney of each county, and the executive director of the committee on public counsel services
205	205	176as to the person designated to be the community program director for each county or region, and
206	206	177timely written notice shall be given whenever a new community program director is to be
207	207	178designated.
208	208	179 (t) The community program director shall be the outpatient treatment supervisor of
209	209	180persons placed on outpatient status under this section. The community program director may
210	210	181delegate the outpatient treatment supervision responsibility to a designee.
211	211	182 (u) The outpatient treatment supervisor shall, at 90-day intervals following the beginning
212	212	183of outpatient treatment, submit to the court, the prosecutor and defense counsel, and to the 10 of 16
213	213	184community program director, where appropriate, a report setting forth the status and progress of
214	214	185the defendant.
215	215	186 (v) Outpatient status shall be for a period not to exceed 1 year. At the end of the period of
216	216	187outpatient status approved by the court, the court shall, after actual notice to the prosecutor, the
217	217	188defense counsel, and the community program director, and after a hearing in court, either
218	218	189discharge the person from commitment under appropriate provisions of the law, order the person
219	219	190confined to a treatment facility, or renew its approval of outpatient status. Prior to such hearing,
220	220	191the community program director shall furnish a report and recommendation to the medical
221	221	192director of the state hospital or other treatment facility, where appropriate, and to the court,
222	222	193which the court shall make available to the prosecutor and defense counsel. The person shall
223	223	194remain on outpatient status until the court renders its decision unless hospitalized under other
224	224	195provision of the law. The hearing pursuant to the provisions of this section shall be held no later
225	225	196than 30 days after the end of the 1 year period of outpatient status unless good cause exists. The
226	226	197court shall transmit a copy of its order to the community program director or a designee.
227	227	198 (w) If at any time during the outpatient period, the outpatient treatment supervisor is of
228	228	199the opinion that the person requires extended inpatient treatment or refuses to accept further
229	229	200outpatient treatment and supervision, the community program director shall notify the superior
230	230	201court in either the county which approved outpatient status or in the county where outpatient
231	231	202treatment is being provided of such opinion by means of a written request for revocation of
232	232	203outpatient status. The community program director shall furnish a copy of this request to the
233	233	204defense counsel and to the prosecutor in both counties if the request is made in the county of
234	234	205treatment rather than the county of commitment. Within 15 business days, the court where the
235	235	206request was filed shall hold a hearing and shall either approve or disapprove the request for 11 of 16
236	236	207revocation of outpatient status. If the court approves the request for revocation, the court shall
237	237	208order that the person be confined in a state hospital or other treatment facility approved by the
238	238	209community program director. The court shall transmit a copy of its order to the community
239	239	210program director or a designee. Where the county of treatment and the county of commitment
240	240	211differ and revocation occurs in the county of treatment, the court shall enter the name of the
241	241	212committing county and its case number on the order of revocation and shall send a copy of the
242	242	213order to the committing court and the prosecutor and defense counsel in the county of
243	243	214commitment.
244	244	215 (x) If at any time during the outpatient period the prosecutor is of the opinion that the
245	245	216person is a danger to the health and safety of others while on that status, the prosecutor may
246	246	217petition the court for a hearing to determine whether the person shall be continued on that status.
247	247	218Upon receipt of the petition, the court shall calendar the case for further proceedings within 15
248	248	219business days and the clerk shall notify the person, the community program director, and the
249	249	220attorney of record for the person of the hearing date. Upon failure of the person to appear as
250	250	221noticed, if a proper affidavit of service has been filed with the court, the court may issue a capias
251	251	222to compel the attendance of such person. If, after a hearing in court conducted using the same
252	252	223standards used in conducting probation revocation hearings pursuant to section 3 of chapter 279,
253	253	224the judge determines that the person is a danger to the health and safety of others, the court shall
254	254	225order that the person be confined in a state hospital or other treatment facility which has been
255	255	226approved by the community program director.
256	256	227 (y) Upon the filing of a request for revocation under subsection (w) or subsection (x) and
257	257	228pending the court’s decision on revocation, the person subject to revocation may be confined in a
258	258	229facility designated by the community program director when it is the opinion of that director that 12 of 16
259	259	230the person will now be a danger to self or to another while on outpatient status and that to delay
260	260	231confinement until the revocation hearing would pose an imminent risk of harm to the person or
261	261	232to another. The facility so designated shall continue the patient’s program of treatment, shall
262	262	233provide adequate security so as to ensure both the safety of the person and the safety of others in
263	263	234the facility, and shall, to the extent possible, minimize interference with the person’s program of
264	264	235treatment. Upon the request of the community program director or a designee, a peace officer
265	265	236shall take, or cause to be taken, the person into custody and transport the person to a facility as
266	266	237described in subsection (z) and designated by the community program director for confinement
267	267	238under this section. Within 1 business day after the person is confined in a jail under this section,
268	268	239the community program director shall apply in writing to the court for authorization to confine
269	269	240the person pending the hearing under subsection (w) or subsection (x). The application shall be
270	270	241in the form of a declaration, and shall specify the behavior or other reason justifying the
271	271	242confinement of the person in a jail. Upon receipt of the application for confinement, the court
272	272	243shall consider and rule upon it, and if the court authorizes detention in a jail, the court shall
273	273	244actually serve copies of all orders and all documents filed by the community program director
274	274	245upon the prosecuting and defense counsel. The community program director shall notify the
275	275	246court in writing of the confinement of the person and of the factual basis for the opinion that the
276	276	247immediate confinement in a jail was necessary. The court shall supply a copy of these documents
277	277	248to the prosecutor and defense counsel.
278	278	249 (z) The facility designated by the community program director may be a state hospital, a
279	279	250local treatment facility, a county jail, or any other appropriate facility, so long as the facility can
280	280	251continue the person’s program of treatment, provide adequate security, and minimize
281	281	252interference with the person’s program of treatment. If the facility designated by the community 13 of 16
282	282	253program director is a county jail, the patient shall be separated from the general population of the
283	283	254jail. A county jail may not be designated unless the services specified above are provided, and
284	284	255accommodations are provided which ensure both the safety of the person and the safety of the
285	285	256general population of the jail. Within 3 business days of the patient’s confinement in a jail, the
286	286	257community program director shall report to the court regarding what type of treatment the patient
287	287	258is receiving in the facility. If there is evidence that the treatment program is not being complied
288	288	259with, or accommodations have not been provided which ensure both the safety of the committed
289	289	260person and the safety of the general population of the jail, the court shall order the person
290	290	261transferred to an appropriate facility, including an appropriate state hospital.
291	291	262 (aa) A resentencing hearing shall be allowed in the following cases, in addition to those
292	292	263permitted under other sections:
293	293	264 At the time of the offense, the defendant was suffering from a serious perinatal
294	294	265psychiatric complication, a mental illness such as postpartum depression or postpartum
295	295	266psychosis, which though insufficient to establish the defense of insanity, substantially affected
296	296	267his or her ability to understand his or her acts or to conform his or her conduct to the
297	297	268requirements of the law.
298	298	269 At the time of the offense, the defendant was suffering from postpartum depression or
299	299	270postpartum psychosis which was either undiagnosed by a qualified medical professional
300	300	271(physician, psychiatrist or psychologist) or untreated or unsuccessfully treated, and this
301	301	272temporary mental illness tended to excuse or justify the defendant’s criminal conduct and was
302	302	273not used in trial or sentencing. 14 of 16
303	303	274 (bb) Nothing in this section shall prevent hospitalization pursuant to the provisions of
304	304	275section 12.
305	305	276 (cc) A person whose confinement in a treatment facility under subsection (w) or
306	306	277subsection (x) is approved by the court shall not be released again to outpatient status unless
307	307	278court approval is obtained under subsection (e) or subsection (i).
308	308	279 (dd) No person who is on outpatient status pursuant to this section shall leave this state
309	309	280without first obtaining prior written approval to do so from the committing court. The prior
310	310	281written approval of the court for the person to leave this state shall specify when the person may
311	311	282leave, when the person is required to return, and may specify other conditions or limitations at
312	312	283the discretion of the court. The written approval for the person to leave this state may be in a
313	313	284form and format chosen by the committing court.
314	314	285 (ee) In no event shall the court give written approval for the person to leave this state
315	315	286without providing notice to the prosecutor, the defense counsel, and the community program
316	316	287director. The court may conduct a hearing on the question of whether the person should be
317	317	288allowed to leave this state and what conditions or limitations, if any, should be imposed.
318	318	289 (ff) Any person who violates subsection (dd) is guilty of a misdemeanor and upon
319	319	290conviction shall by punished by imprisonment for not more than 6 months in a house of
320	320	291correction or by a fine of not more than $1,000.
321	321	292 (gg) The department shall be responsible for the community treatment and supervision of
322	322	293judicially committed patients. These services shall be available on a county or regional basis.
323	323	294The department may provide these services directly or through contract with private providers. 15 of 16
324	324	295The program or programs through which these services are provided shall be known as the
325	325	296forensic conditional release program.
326	326	297 (hh) The department shall contact all regional mental health programs by January 1,
327	327	2982024, to determine their interest in providing an appropriate level of supervision and treatment of
328	328	299judicially committed patients at reasonable cost. Regional mental health programs may agree or
329	329	300refuse to operate such a program.
330	330	301 (ii) No later than January 1, 2025, and by January 1 of each subsequent year, all state
331	331	302hospitals or other treatment facilities participating in the forensic conditional release program
332	332	303shall report to the commissioner the following information: (i) the cost of the program to the
333	333	304facility; (ii) the demographic profiles of persons receiving supervision and treatment in the
334	334	305program; and (iii) the rates of adherence to treatment under the program.
335	335	306 (jj) No later than January 1, 2025, and by January 1 of each subsequent year, the chief
336	336	307justice of the trial court shall report to the commissioner the following information: rates and
337	337	308types of reoffense while these persons are served by the program and after their discharge.
338	338	309 (kk) The department shall conduct yearly evaluations of the forensic conditional release
339	339	310program. An evaluation of the program shall determine its effectiveness in successfully
340	340	311reintegrating these persons into society after release from state institutions. This evaluation of
341	341	312program effectiveness shall include, but not be limited to, a determination of the rates of
342	342	313reoffense while these persons are served by the program and after their discharge. This
343	343	314evaluation shall also address the effectiveness of the various treatment components of the
344	344	315program and their intensity. 16 of 16
345	345	316 (ll) The department shall ensure consistent data gathering and program standards for use
346	346	317statewide by the forensic conditional release program.
347	347	318 (mm) The department of correction, and the executive office of public safety and security
348	348	319shall cooperate with the department in conducting this evaluation.
349	349	320 (nn) The administrators and the supervision and treatment staff of the forensic conditional
350	350	321release program shall not be held criminally or civilly liable for any criminal acts committed by
351	351	322the persons on parole or judicial commitment status who receive supervision or treatment.
352	352	323 (oo) The court retains jurisdiction over the person until the end of the period of the
353	353	324assisted outpatient treatment established under this section or until the court finds that the person
354	354	325no longer meets the criteria in this section.
355	355	326 SECTION 7. In all cases in which the penalty of life imprisonment without the possibility
356	356	327of parole may be authorized, mitigating circumstances shall be any factors proffered by the
357	357	328defendant or the commonwealth which are relevant to a finding that a defendant suffered from
358	358	329mental illness related to a perinatal psychiatric complication such as postpartum psychosis or
359	359	330postpartum depression at the time the offense was committed.