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