Bill S.2610

FILED ON: 2/5/2020

SENATE . . . . . . . . . . . . . . No. 2610

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 relative to equity in suicide prevention.

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

Section 219 of chapter 69 of the acts of 2018 is hereby amended by inserting the following subsections after subsection (d):-

(e) There shall be a special commission to study the prevention of suicide among prisoners and the provision of mental health services to prisoners in correctional facilities. The commission shall consist of 13 members: 1 of whom shall be the commissioner of the department of mental health or the commissioner’s designee who shall serve as chair; 1 of whom shall be the commissioner of the department of correction or the commissioner’s designee; 1 of whom shall be the commissioner of the department of public health or the commissioner’s designee; 1 of whom shall be the secretary of the executive office of public safety or the secretary’s designee; 1 of whom shall be a person appointed by the speaker of the house of representatives; 1 of whom shall be a person appointed by the minority leader in the house of representatives; 1 of whom shall be a person appointed by the president of the senate; 1 of whom shall be a person appointed by the minority leader of the senate; 1 of whom shall be appointed by the president of the Massachusetts correction officers federated union or their designee; 1 of whom shall be appointed by the president of the Massachusetts Psychological Society or designee; and 5 persons appointed by the governor, 1 of whom shall be a representative of a legal advocacy organization that has expertise with issues related to prisons and prisoners, 1 of whom shall be a representative of a community organization that works with prisoners and their families, 1 of whom shall be a representative of an organization that specializes in suicide prevention, 1 of whom shall be a representative of an organization that represents sheriffs, and 1 of whom shall be a current or formerly incarcerated person who has experienced prison mental health care.

(f) The commission shall review the state of suicide prevention programs in Massachusetts’ correctional facilities and develop model plans, recommend program changes, highlight budget priorities and recommend best practices that could be utilized to reduce prisoner suicide and improve the provision of mental health services to prisoners. The commission shall: (1) examine and evaluate the current jail and prison suicide prevention policies; (2) develop recommendations for improving correctional facility intake screening and bookkeeping; (3) examine and develop recommendations for improving identification, referral, and evaluation of individual suicide risk; (4) provide recommendations for improving communication between detention facility staff and arresting or transporting officers, as well as between detention facility staff and potentially suicidal inmates; (5) examine and develop recommendations for improving housing designated for inmates with mental health conditions, including but not limited to residential treatment units, secure adjustment units and secure treatment units; (6) develop recommendations for improving observation and treatment plans for inmates identified as suicidal; (7) provide recommendations for improving suicide identification and intervention; (8) evaluate and provide recommendations on whether there is adequate staffing of mental health professionals at correctional facilities; (9) evaluate and provide recommendations on the use of mental health watch for prisoners, including but not limited to, examining how it is determined whether a prisoner is placed under mental health watch and the conditions under which a prisoner is held while on mental health watch; (10) evaluate and provide recommendations on the standards for transferring a prisoner from mental health watch within a regular correctional facility to a specialized hospital; (11) collect and report data from jails and prisons over the previous three fiscal years on the number of suicides committed, the number that occur in general population or in specialized units, the number broken down by race, gender, gender identity, sexual orientation and other protected status as the commission deems fit, the number broken down by age and the number broken down by open mental health case; and (12) evaluate and provide recommendations regarding provision of mental health care and other policy, programming, or conditions of confinement that may be developed or changed to help prevent suicide.

(g) Appointments shall be made not later than 30 days after the effective date of this legislation. The chairperson shall meet with the commission not later than 60 days after the effective date of this legislation.

(h) Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission.

(i) The commission may hold public hearings to assist in the collection and evaluation of data and testimony.

(j) The commission shall submit its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on public safety and homeland security, the joint committee on the judiciary, and the joint committee on mental health and substance abuse not later than December 31, 2020.