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SENATE DOCKET, NO. 2054 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1176
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul W. Mark
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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 relative to a humane response to a mental health crisis.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Paul W. MarkBerkshire, Hampden, Franklin and
Hampshire
Michael O. MooreSecond Worcester3/6/2025 1 of 2
SENATE DOCKET, NO. 2054 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1176
By Mr. Mark, a petition (accompanied by bill, Senate, No. 1176) of Paul W. Mark and Michael
O. Moore for legislation to remove the 3-day commitment period to a facility for a person with a
mental illness. The Judiciary.
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 relative to a humane response to a mental health crisis.
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 12 of Chapter 123 of the General Laws as appearing in the 2022 Official Edition
2is hereby amended by striking the following paragraph (e):-
3 (e) Any person may make an application to a district court justice or a justice of the
4juvenile court department for a 3-day commitment to a facility of a person with a mental illness
5if the failure to confine said person would cause a likelihood of serious harm. The court shall
6appoint counsel to represent said person. After hearing such evidence as the court may consider
7sufficient, a district court justice or a justice of the juvenile court department may issue a warrant
8for the apprehension and appearance before the court of the alleged person with a mental illness
9if in the court's judgment the condition or conduct of such person makes such action necessary or
10proper. Following apprehension, the court shall have the person examined by a physician or a
11qualified advanced practice registered nurse designated to have the authority to admit to a facility
12or examined by a qualified psychologist in accordance with the regulations of the department. If 2 of 2
13the physician, qualified advanced practice registered nurse or qualified psychologist reports that
14the failure to hospitalize the person would create a likelihood of serious harm by reason of
15mental illness, the court may order the person committed to a facility for a period not to exceed 3
16days; provided, however, that the superintendent may discharge said person at any time within
17the 3-day period. The periods of time prescribed or allowed under this section shall be computed
18pursuant to Rule 6 of the Massachusetts Rules of Civil Procedure.