HOUSE DOCKET, NO. 3359        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2107

The Commonwealth of Massachusetts

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PRESENTED BY:

Kay Khan

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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 to strengthen emergency restraint for persons suffering dangerous or violent mental illness.

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PETITION OF:

HOUSE DOCKET, NO. 3359        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2107

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to strengthen emergency restraint for persons suffering dangerous or violent mental illness.

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 12 of Chapter 123 of the General Laws, as appearing in the 2018 official edition, is hereby amended by inserting after the first paragraph the following paragraph:-

(a)(1) A person who is violent, homicidal, or poses a risk of serious physical harm to another may be hospitalized pursuant to this section for a period up to seventy-two hours.  Such hospitalization may be based on a statement from a person who has been placed in reasonable fear of violent behavior and risk of serious physical harm to themselves from the person to be hospitalized.  A person admitted pursuant to this subsection shall be entitled to appointment of counsel and to request an emergency hearing as provided in paragraph (b) of this section.

SECTION 2. Section 12 of Chapter 123 of the General Laws, as so appearing, is hereby amended in paragraph (d) by inserting after the word “status” the following words:-

A person who has been hospitalized pursuant to paragraph (a)(1) of this section based on  violent or homicidal tendency or risk of serious physical harm to another may be released only after three days.  After release, such person shall be subject to seven days of supervision, either in person or by video conference, by a licensed independent clinical social worker or by a mental health worker affiliated with a police department. 

SECTION 3. Section 12 of said chapter 123, as so appearing, is hereby amended by inserting after paragraph (d) the following paragraphs:-

(f) Any hospital or other facility that admits a person pursuant to this section shall be required to provide, on request, medical information including treatment history and medications prescribed to a social worker with supervisory authority over such person.

(g) If, in the opinion of a social worker or other mental health worker who has supervision over a person committed and then released under this section, that person is relapsing into mental illness such that he or she again presents a danger of serious harm, or is otherwise not compliant with treatment or supervision, that social worker or mental health worker shall have authority to petition for expedited readmission to the facility from which the person was released.  Such petition shall not require initiating a new proceeding under this section.