HOUSE DOCKET, NO. 2636        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1571

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul F. Tucker

_________________

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 clarifying the definition of serious mental Illness on criminal justice reform.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2636        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1571

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act clarifying the definition of serious mental Illness on criminal justice reform.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to The deferred operation of this act would tend to defeat its purpose, which is to forthwith make certain changes in laws relative to and appropriate funds necessary for the administration of justice in the Commonwealth and, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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

SECTION 1. Section 1 of chapter 127 of the General Laws, as amended by section 86 of said chapter 69, is hereby further amended by striking out the definition of “Serious mental illness” and inserting in place thereof the following 2 definitions:-  “Serious mental illness”, a current or recent diagnosis by a qualified mental health professional, of 1 or more of the following disorders described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM): (i) schizophrenia, schizophreniform, schizoaffective, and other psychotic disorders not otherwise specified; (ii) major depressive disorders; (iii) bipolar disorders I and II; (iv) a neurodevelopmental disability, dementia or other cognitive disorder that results in a significant functional impairment involving acts of self-harm or other behaviors that have a seriously adverse effect on life or on mental or physical health; (v) any disorder commonly characterized by breaks with reality or perceptions of reality that lead the individual to experience significant functional impairment involving acts of self-harm or other behaviors that have a seriously adverse effect on life or on mental or physical health; or (viii) severe personality disorders that are manifested by episodes of psychosis or depression and result in significant functional impairment involving acts of self -harm or other behaviors that have a seriously adverse effect on life or on mental or physical health;  “Significant functional impairment”, a functional impairment where (i) the inmate has engaged in self harm involving deliberate acts by the inmate that inflict damage to, or threaten the integrity of, one’s own body. Such acts include but are not limited to the following behaviors: hanging, self-strangulation, asphyxiation, cutting, self-mutilation, ingestion of a foreign body, insertion of a foreign body, head banging, drug overdose, jumping and biting; (ii) the inmate has demonstrated difficulty in his or her ability to engage in activities of daily living, including eating, grooming and personal hygiene, maintenance of housing area, participation in recreation, and ambulation, as a consequence of any DSM disorder; (iii) the inmate has demonstrated a pervasive pattern of dysfunctional or disruptive social interactions including withdrawal, bizarre or disruptive behavior, as a consequence of any DSM disorder.