HOUSE DOCKET, NO. 1050        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1698

The Commonwealth of Massachusetts

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PRESENTED BY:

Ruth B. Balser

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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 transferring Bridgewater State Hospital from the Department of Corrections to the Department of Mental Health.

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PETITION OF:

HOUSE DOCKET, NO. 1050        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1698

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2389 OF 2017-2018.]

The Commonwealth of Massachusetts

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

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An Act transferring Bridgewater State Hospital from the Department of Corrections to 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:
 

SECTION 1. Section 7 of Chapter 19, as so appearing, is hereby amended by inserting “including the Bridgewater State Hospital” after the words “public facilities” in the first sentence of the first paragraph:–

SECTION 2. Section 7 of Chapter 19, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph: -

The commissioner shall have the responsibility for the operation and oversight of Bridgewater State Hospital and for providing, according to the rules and regulations of the department of mental health, all medical and mental health treatment for all men sent to that facility. The Commissioner will operate Bridgewater State Hospital in accordance with section 16A of this chapter, the provisions of chapter 123 and regulations of the department. The Commissioner shall provide forensic services for individuals committed for evaluation or treatment pursuant to sections 15 through 18 of chapter 123, as well as continuing care inpatient services for individuals determined to require strict security in accordance with the regulations of the department.

SECTION 3. Section 18 of Chapter 125, as so appearing, is hereby repealed.

SECTION 4. Chapter 19 of the General Laws, as so appearing, is hereby amended by inserting after section 16A the following section:–

Section 16B. The department shall develop and maintain, in accordance with its standards, a division of forensic mental health services to provide forensic services that shall include, but shall not be limited to: court-ordered evaluations of competence to stand trial, criminal responsibility, and aid-in-sentencing; programs and services for restoration of competence for individuals who have been adjudicated incompetent to stand trial; evaluations of need for care and treatment for individuals who have been adjudicated incompetent to stand trial, not guilty by reason of mental illness or who are being held in correctional facilities or places of detention; the setting of standards for and certification of clinicians qualified to perform evaluations; and specialized risk assessment evaluations; and the establishment and maintenance of court clinics for the performance of clinical consultations and court-ordered evaluations. Forensic services may also include, but shall not be limited to: programs and services for police and pre-trial diversion; post adjudication alternatives to incarceration, including specialty court services; and re-entry.

The division shall give major consideration to the development of forensic health services that can be provided in the community or in settings other than an inpatient facility.