HOUSE DOCKET, NO. 164        FILED ON: 1/7/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1942

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the temporary release of persons under the care of the department of mental health.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 123 of the General Laws is hereby amended by inserting after section 30 the following section:-

Section 30A. Prior to the release of a person within the care of the department on a furlough or off the grounds of a facility on any type of pass while unsupervised by a department employee the following requirements shall be met:

1)       A criminal offender record information check shall be performed;

2)       A review shall be conducted by a group or panel established to review such releases;

3)       Written notice shall be given to the chief of police, at least 3 days prior to the release, in any community in which a person with a felony conviction or a serious criminal or violent history is going to receive unattended release.  Such notice shall include a copy of such person sanitized criminal offender record information.  Such record information shall not identify the person;

4)       The chief of police may appeal the release of such person to the direction of the facility where the person is under care who shall have final authority in the matter.  The chief of police shall be notified of the decision within 24 hours of his appeal.