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| 2 | 2 | | SENATE DOCKET, NO. 1393 FILED ON: 1/16/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 156 |
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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 | | Joan B. Lovely |
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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 |
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| 12 | 12 | | resolve: |
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| 13 | 13 | | Resolve establishing a special commission on the treatment of intellectually and developmentally |
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| 14 | 14 | | disabled offenders in the criminal justice system. |
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| 15 | 15 | | _______________ |
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| 16 | 16 | | PETITION OF: |
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| 17 | 17 | | NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexSusannah M. Whipps2nd Franklin3/5/2025 1 of 2 |
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| 18 | 18 | | SENATE DOCKET, NO. 1393 FILED ON: 1/16/2025 |
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| 19 | 19 | | SENATE . . . . . . . . . . . . . . No. 156 |
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| 20 | 20 | | By Ms. Lovely, a petition (accompanied by resolve, Senate, No. 156) of Joan B. Lovely and |
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| 21 | 21 | | Susannah M. Whipps that provisions be made for an investigation and study by a special |
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| 22 | 22 | | commission (including members of the General Court) relative to tthe treatment of intellectually |
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| 23 | 23 | | and developmentally disabled offenders in the criminal justice system. Children, Families and |
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| 24 | 24 | | Persons with Disabilities. |
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| 25 | 25 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 26 | 26 | | SEE SENATE, NO. 110 OF 2023-2024.] |
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| 27 | 27 | | The Commonwealth of Massachusetts |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | In the One Hundred and Ninety-Fourth General Court |
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| 30 | 30 | | (2025-2026) |
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| 31 | 31 | | _______________ |
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| 32 | 32 | | Resolve establishing a special commission on the treatment of intellectually and developmentally |
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| 33 | 33 | | disabled offenders in the criminal justice system. |
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| 34 | 34 | | 1 Resolved, there shall be a special commission established to study and report on |
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| 35 | 35 | | 2alternatives to the arrest and incarceration for individuals with developmental and intellectual |
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| 36 | 36 | | 3disabilities. The report shall include, but not be limited to, findings and recommendations on: (i) |
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| 37 | 37 | | 4existing options for diverting individuals with disabilities from incarceration; (ii) |
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| 38 | 38 | | 5recommendations for improving the process by which individuals with disabilities are placed; |
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| 39 | 39 | | 6(iii) techniques to identify individuals at risk due to developmental or intellectual disabilities or |
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| 40 | 40 | | 7pervasive mental health conditions; (iv) techniques, services, and other resources to prevent |
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| 41 | 41 | | 8exacerbation of issues. |
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| 42 | 42 | | 9 The commission shall consist of the following 21 members: the secretary of health and |
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| 43 | 43 | | 10human services or a designee, who shall serve as co-chair; the secretary of public safety and 2 of 2 |
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| 44 | 44 | | 11security or a designee, who shall serve as co-chair; the commissioner of the department of |
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| 45 | 45 | | 12developmental services or a designee; the commissioner of the department of mental health or a |
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| 46 | 46 | | 13designee; the chairs of the joint committee on the judiciary; the chairs of the joint committee on |
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| 47 | 47 | | 14children, families and persons with disabilities; one member of the senate to be appointed by the |
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| 48 | 48 | | 15president of the senate; one member of the senate to be appointed by the minority leader; one |
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| 49 | 49 | | 16member of the house of representatives to be appointed by the speaker of the house of |
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| 50 | 50 | | 17representatives; one member of the house of representatives to be appointed by the house |
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| 51 | 51 | | 18minority leader of the house of representatives; the president of the Massachusetts Sheriffs’ |
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| 52 | 52 | | 19Association or a designee; the president of the Massachusetts District Attorneys’ Association or |
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| 53 | 53 | | 20a designee; the president of the Massachusetts Chiefs of Police or a designee; the chief counsel |
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| 54 | 54 | | 21of the committee for public counsel services or a designee; a representative from the Arc of |
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| 55 | 55 | | 22Massachusetts; a representative from the Disability Law Center; a representative from the |
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| 56 | 56 | | 23Disability Policy Consortium; a representative from the Center for Public Representation; a |
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| 57 | 57 | | 24representative from Dignity Alliance Massachusetts; a representative from an organization |
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| 58 | 58 | | 25involved with persons who are autistic, to be appointed by the governor; and a clinician with |
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| 59 | 59 | | 26experience working with intellectually and developmentally disabled individuals in the criminal |
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| 60 | 60 | | 27justice system, to be appointed by the governor. |
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| 61 | 61 | | 28 The commission shall file a report of its findings and recommendations, together with |
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| 62 | 62 | | 29drafts of legislation necessary to carry those recommendations into effect, with the clerks of the |
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| 63 | 63 | | 30house of representatives and the senate not later than July 31, 2026. |
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