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| 2 | 2 | | SENATE DOCKET, NO. 2148 FILED ON: 1/17/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1402 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Cindy F. Friedman |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act ensuring access to addiction services. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth Middlesex 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 2148 FILED ON: 1/17/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1402 |
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| 18 | 18 | | By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1402) of Cindy F. Friedman for |
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| 19 | 19 | | legislation to ensure access to addiction services. Mental Health, Substance Use and Recovery. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 1247 OF 2023-2024.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act ensuring access to addiction services. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 SECTION 1. Section 35 of chapter 123 of the General Laws, as most recently amended |
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| 31 | 31 | | 2by chapter 285 of the acts of 2024, is hereby amended by striking out the definitions of “Facility” |
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| 32 | 32 | | 3and “Secure facility” and inserting in place thereof the following definitions:- |
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| 33 | 33 | | 4 “Facility”, a public or private facility operated, licensed or approved by the department of |
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| 34 | 34 | | 5public health or department of mental health that provides care and treatment for a person with |
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| 35 | 35 | | 6an alcohol or substance use disorder; provided, however, that for purposes of this section |
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| 36 | 36 | | 7“facility” shall not include any jail or correctional entity or any other entity funded, controlled or |
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| 37 | 37 | | 8administered by a county sheriff, the executive office of public safety and security or any agency |
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| 38 | 38 | | 9under the jurisdiction of the executive office of public safety and security, regardless of whether 2 of 3 |
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| 39 | 39 | | 10such facility is operated, licensed or approved by the department of public health or the |
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| 40 | 40 | | 11department of mental health. |
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| 41 | 41 | | 12 “Secure facility”, a facility, as defined in this section, that provides care and treatment for |
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| 42 | 42 | | 13persons with alcohol or substance use disorder and is designated by the department of public |
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| 43 | 43 | | 14health or the department of mental health to provide levels of security sufficient to protect such |
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| 44 | 44 | | 15persons and the community within such facility. |
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| 45 | 45 | | 16 SECTION 2. Said section 35 of said chapter 123, as most recently amended by section 17 |
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| 46 | 46 | | 17of chapter 285 of the acts of 2024, is hereby amended by striking out the fourth to sixth |
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| 47 | 47 | | 18paragraphs and inserting in place thereof the following paragraphs:- |
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| 48 | 48 | | 19 The secretary of health and human services shall ensure an adequate supply of beds in |
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| 49 | 49 | | 20facilities and secure facilities for the treatment of alcohol or substance use disorders under this |
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| 50 | 50 | | 21section; provided, however, that such secure facilities shall be geographically distributed |
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| 51 | 51 | | 22throughout the commonwealth to provide access to treatment in all regions of Massachusetts. |
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| 52 | 52 | | 23The department of public health shall maintain a roster of public and private facilities and secure |
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| 53 | 53 | | 24facilities available, together with the number of beds currently available and the level of security |
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| 54 | 54 | | 25at each facility, for the care and treatment of alcohol use disorder and substance use disorder |
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| 55 | 55 | | 26pursuant to this section and shall make the roster available to the trial court. |
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| 56 | 56 | | 27 If the court makes a specific finding that the person requires a facility with additional |
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| 57 | 57 | | 28security, the person may be committed to a secure facility. |
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| 58 | 58 | | 29 A person committed under this section shall, upon release, be encouraged to consent to |
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| 59 | 59 | | 30further treatment and shall be allowed voluntarily to remain in the facility for such purpose, 3 of 3 |
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| 60 | 60 | | 31transition to a facility with lower security or transition to a facility that is not included on the |
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| 61 | 61 | | 32roster maintained by the department of public health pursuant to this section. |
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| 62 | 62 | | 33 SECTION 3. Said section 35 of said chapter 123, as so appearing, is hereby amended by |
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| 63 | 63 | | 34adding at the end thereof the following new paragraph:- |
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| 64 | 64 | | 35 Nothing in this section shall relieve a correctional entity from its legal responsibility to |
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| 65 | 65 | | 36offer evidence-based treatment for alcohol or substance use disorder to incarcerated persons on a |
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| 66 | 66 | | 37voluntary basis. |
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