Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1389 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1146 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1389
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 modernizing the 6 fundamental rights.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsJames B. EldridgeMiddlesex and Worcester2/11/2025 1 of 6
16	16	SENATE DOCKET, NO. 1146 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1389
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1389) of Julian Cyr and James B.
19	19	Eldridge for legislation to modernize the 6 fundamental rights. Mental Health, Substance Use
20	20	and Recovery.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act modernizing the 6 fundamental rights.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 123 of the General Laws is hereby amended by striking out section 23, as
30	30	2appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
31	31	3 Section 23. (a) As used in this section, the following words shall, unless the context
32	32	4clearly requires otherwise, have the following meanings:
33	33	5 “Confidential calls”, private phone calls free from routine interruptions or persons within
34	34	6an audible distance
35	35	7 “Legal advocate”, an individual reasonably informed, though not necessarily through
36	36	8formal legal training, and able to support persons subject to this section in exercising such
37	37	9persons’ legal rights
38	38	10 “Peer supporter”, an individual working in a designated peer role including but not
39	39	11limited to peer advocates, community bridges, recovery coaches and certified peer specialists. 2 of 6
40	40	12 “Serious disruptions”, interference that would lead to significant safety risks to persons
41	41	13subject to this section or inability for employees to carry our core responsibilities across the unit
42	42	14 “Stated gender identity”, such person’s stated gender identity as opposed to sex stated in
43	43	15their medical records
44	44	16 “Culturally relevant personal care items”, items that are formulated, developed and
45	45	17marketed to adequately care for particular skin and hair types, gender affirming care items
46	46	18including but not limited to binders and basic hygiene items
47	47	19 (b) This section sets forth the statutory rights of all persons regardless of age receiving
48	48	20services from any program or facility, or part thereof, operated by, licensed by or contracting
49	49	21with the department of mental health, including persons who are in state hospitals or community
50	50	22mental health centers or who are in residential programs or inpatient facilities operated by,
51	51	23licensed by or contracting with said department. Such persons may exercise the rights described
52	52	24in this section without harassment or reprisal, including reprisal in the form of denial of
53	53	25appropriate, available treatment. The rights contained herein shall be in addition to and not in
54	54	26derogation of any other statutory or constitutional rights accorded such persons.
55	55	27 Any such person shall have the following rights:
56	56	28 (a) reasonable access to a telephone or videophone with transcription capabilities as
57	57	29needed to make and receive confidential telephone calls and to assistance when desired and
58	58	30necessary to implement such right, including access such person’s own phone or similar device
59	59	31to use and access information contained therein; provided, that such calls or other uses of a
60	60	32personal device do not constitute a criminal act or represent an unreasonable infringement of
61	61	33another person's right to make and receive telephone calls; 3 of 6
62	62	34 (b) to send and receive sealed, unopened, uncensored mail or electronic mail; provided,
63	63	35however, that the superintendent or director or designee of an inpatient facility may direct, for
64	64	36good cause and with documentation of specific facts in such person's record, that a particular
65	65	37person's postal or other paper mail be opened and inspected in front of such person, without it
66	66	38being read by staff, for the sole purpose of preventing the transmission of contraband. A
67	67	39computer or similar device, writing materials and postage stamps in quantities sufficient to
68	68	40provide for reasonable daily access shall be made available for use by such person. Reasonable
69	69	41assistance shall be provided to such person in setting up and using e-mail or similar messaging
70	70	42applications, writing, addressing and posting letters and other documents upon request. Such
71	71	43persons shall be able to bring and access daily personal computers or similar devices.
72	72	44 (c) to receive or refuse to receive visitors of such person's own choosing daily and in
73	73	45private, at reasonable times. Hours during which visitors may be received may be limited only to
74	74	46protect the privacy of other persons and to avoid serious disruptions in the normal functioning of
75	75	47the facility or program and shall be sufficiently flexible as to accommodate individual needs and
76	76	48desires of such person and the visitors of such person, even if not within normal visiting hours.
77	77	49Such persons shall have the opportunity to refuse visitors under this section.
78	78	50 (d) to a humane psychological and physical environment. Each such person shall be
79	79	51provided living quarters and accommodations which afford privacy and security in resting,
80	80	52sleeping, dressing, bathing and personal hygiene, reading and writing and in toileting in a
81	81	53manner appropriate to their stated gender identity and with reasonable access to culturally
82	82	54relevant personal care products. Nothing in this section shall be construed to require individual
83	83	55sleeping quarters. 4 of 6
84	84	56 (e) to receive at any reasonable time as defined in department regulations, or refuse to
85	85	57receive, visits and telephone calls from a client's attorney or legal advocate, physician,
86	86	58psychologist, clergy member, peer supporter, recovery coach, social worker, therapist or any
87	87	59other community mental health, medical or holistic provider, even if not during normal visiting
88	88	60hours and regardless of whether such person initiated or requested the visit or telephone call. An
89	89	61attorney or legal advocate working under an attorney's supervision and who represents a client
90	90	62shall have access to the client and, with such client's consent, the client's record, the hospital staff
91	91	63responsible for the client's care and treatment and any meetings concerning treatment planning or
92	92	64discharge planning where the client would be or has the right to be present. Any program or
93	93	65facility, or part thereof, operated by, licensed by or contracting with the department shall ensure
94	94	66reasonable access by attorneys and legal advocates of the Massachusetts Mental Health
95	95	67Protection and Advocacy Project, the Mental Health Legal Advisors Committee, the committee
96	96	68for public counsel services and any other legal service agencies funded by the Massachusetts
97	97	69Legal Assistance Corporation under the provisions of chapter 221A, to provide free legal
98	98	70services. Upon admission, and upon request at any time thereafter, persons shall be provided
99	99	71with the name, address and telephone number of such organizations and shall be provided with
100	100	72reasonable assistance in contacting and receiving visits or telephone calls from attorneys or legal
101	101	73advocates from such organizations; provided, however, that the facility shall designate
102	102	74reasonable times for unsolicited visits and for the dissemination of educational materials to
103	103	75persons by such attorneys or legal advocates. The department shall promulgate rules and
104	104	76regulations further defining such access. Nothing in this paragraph shall be construed to limit the
105	105	77ability of attorneys or legal advocates to access clients records or staff as provided by any other
106	106	78state or federal law. 5 of 6
107	107	79 (f) reasonable daily access to the outdoors, as weather conditions reasonably permit, at
108	108	80inpatient facilities in a manner consistent with the person's clinical condition and safety as
109	109	81determined by the treating clinician and with the ability of the facility to safely provide access.
110	110	82The department shall promulgate regulations defining what shall constitute reasonable access
111	111	83and regulations implementing sufficient precautions to ensure the safety of staff members
112	112	84charged with accompanying patients outdoors.
113	113	85 Any dispute or disagreement concerning the exercise of the aforementioned rights in
114	114	86clauses (a) to (f), inclusive, and the reasons therefor shall be documented with specific facts in
115	115	87the client's record and subject to timely appeal. The department shall also promulgate regulations
116	116	88for implementation of fines no less than $100.00 per incident applicable upon findings that a
117	117	89facility has continued to commit violations of any rights named under this section after having
118	118	90been given fair warning and reasonable opportunity to correct. The department shall further
119	119	91establish regulations for the management of a fund where all fines shall be held and equitably
120	120	92distributed by a formal but expeditious request process to benefit the individual or collective
121	121	93needs of people staying in any facility that is subject to this section.
122	122	94 The Department shall contract, with one or more qualified legal or advocacy
123	123	95organizations, a minimum of three new full-time positions wherein those so employed will be
124	124	96responsible for investigating complaints, assessing fines and collectively managing distributions
125	125	97for the related fund.
126	126	98 Any right set forth in clauses (a), (c) or (f) may be temporarily suspended, but only for a
127	127	99person in an inpatient facility and only by the superintendent, director, acting superintendent or
128	128	100acting director of such facility upon such person; concluding, pursuant to standards and 6 of 6
129	129	101procedures set forth in department regulations that, based on experience of such person's exercise
130	130	102of such right, further such exercise of it in the immediate future would present a substantial risk
131	131	103of serious harm to such person or others and that less restrictive alternatives have either been
132	132	104tried and failed or would be futile to attempt. The suspension shall last no longer than the time
133	133	105necessary to prevent the harm and its imposition shall be documented with specific facts in such
134	134	106person's record.
135	135	107 A notice of the rights provided in this section shall be posted in appropriate and
136	136	108conspicuous places in the program or facility and shall be available to any such person upon
137	137	109request. The notice shall be in language understandable by such persons and translated for any
138	138	110such person who cannot read or understand English.
139	139	111 The department, after notice and public hearing pursuant to section 2 of chapter 30A,
140	140	112shall promulgate regulations to implement the provisions of this section.
141	141	113 In addition to the rights specified above and any other rights guaranteed by law, a
142	142	114mentally ill person in the care of the department shall have the following legal and civil rights: to
143	143	115wear his own clothes, to keep and use his own personal possessions including toilet articles, to
144	144	116keep and be allowed to spend a reasonable sum of his own money for canteen expenses and
145	145	117small purchases, to have access to individual storage space for his private use, to refuse shock
146	146	118treatment, to refuse lobotomy, and any other rights specified in the regulations of the department;
147	147	119provided, however, that any of these rights may be denied for good cause by the superintendent
148	148	120or his designee and a statement of the reasons for any such denial entered in the treatment record
149	149	121of such person.