Bill H.4927

FILED ON: 6/24/2022

HOUSE . . . . . . . . . . . . . . . No. 4927

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 remove barriers to medical parole.

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. Chapter 6A of the General Laws shall be amended by inserting the following new section:-

Section 16CC. (a) A city or town may establish a division of civilian mental health advocates to respond to mental health crisis’s and provide emergency mental health crisis intervention in situations that do not necessitate the presence of law enforcement personnel. The city or town shall do so pursuant to Section 4 of Chapter 4 of the General Laws and adhere to the following provisions in structuring the division of civilian mental health advocates:-

(1) the civilian mental health advocate may provide emergency response in areas where police, fire or ems personnel are not necessary or may accompany a police, fire or ems to respond to behavioral health related matters;

(2) the city or town shall determine the minimum qualifications for a civilian mental health advocate so long as being a licensed social worker prior to being hired are among the requirements;

(3) the city or town shall determine the minimum qualifications for a civilian mental health advocate including whether the civilian mental health advocate must be trained in first response, emergency first aid, emergency vehicle operation and any other area the city or town deems necessary;

(3) the division of civilian mental health advocates may consult with the Executive Office of Health and Human Services in developing rules and regulations relative to this section.

(b) Cities or Towns establishing civilian mental health advocate division is subject to securing or appropriation of funds prior to the city or town adopting this act.

(c) The city or town shall produce an annual report on the impacts of the division of civilian mental health advocates to be submitted to the Governor, the Attorney General, the Speaker of the House of Representatives, the Senate President and the Chairs of the Joint Committee on Public Safety and Homeland Security.

SECTION 2. Chapter 22D of the of the Massachusetts General Laws, as appearing in the 2020 edition, is hereby amended by inserting, after section 6, the following section:-

Section 7. (a) A city or town may establish a division of civilian mental health advocates within the city or town fire department shall do so pursuant to Section 4 of Chapter 4 of the General Laws and adhere to the following provisions in structuring the division of civilian mental health advocates:-

(1) the civilian mental health advocate may accompany a fire fighter or EMT to respond to behavioral health related matters;

(2) the city or town shall determine the minimum qualifications for a civilian mental health advocate so long as being a licensed social worker prior to being hired are among the requirements;

(4) the fire department may consult with the department of public health and the state department of fire services in developing rules and regulations relative to this section.

(b) Cities or Towns establishing civilian mental health advocate division is subject to securing or appropriation of funds prior to the city or town adopting this act.

SECTION 3. Chapter 41 of the of the Massachusetts General Laws, as appearing in the 2020 edition, is hereby amended by inserting, after section 97F, the following section:-

Section 97G. (a) A city or town may establish a division of civilian mental health advocates within the city or town police department shall do so pursuant to Section 4 of Chapter 4 of the General laws and adhere to the following provisions in structuring the division of civilian mental health advocates:-

(1) the civilian mental health advocate may accompany law enforcement officers of the police department to respond to non-violent or behavioral health-related matters. The department shall establish procedures to determine if a civilian mental health advocate is required to accompany police on a response;

(2) the city or town shall determine the minimum qualifications for a civilian mental health advocate so long as being a licensed social worker prior to being hired are among the requirements;

(4) the police department may consult with the department of public health and the division of police officer standards and training in developing regulations relative to this act.

(b) Cities or Towns establishing civilian mental health advocate division is subject to securing or appropriation of funds prior to the city or town adopting this act.

SECTION 4. Chapter 6A of the General Laws is hereby amended by inserting after section 18D the following section:-

Section 18D½. (a) The department shall create, in consultation with organizations representing the mobility, hearing, speech and sight impaired communities, and publish on its website a statewide disability indicator form which a person may complete and submit to the department to notify primary and regional PSAP of certain disabilities. The disability indicator form shall be available to subscribers of a wireless carrier, a wireline carrier or a prepaid wireless telephone service. The disability indicator form shall be written in clear language that is comprehensible to a person proficient in English at the fifth grade level and accessible to persons with visual disabilities. In any place, where 5 per cent of citizens of the commonwealth speak a language other than English as determined by the most recent American Community Survey of the United States Census Bureau, the disability indicator form shall be translated into that language.

The disability indicator form shall include space for the person to identify any mental health needs, intellectual and developmental disabilities, complex medical needs or neurological impairments, including, but not limited to: (i) the person has equipment required to sustain the person’s life; (ii) the person is bedridden, a wheelchair user or has another mobility impairment; (iii) the person is legally blind; (iv) the person is deaf or hard of hearing; (v) communication via the phone may be by TTY; (vi) the person has a speech impairment; (vii) the person is cognitively impaired; (viii) the person has a service animal; (ix) the person requires translation services; or (x) any potential triggers for first responders to be aware of. The disability indicator form shall also include a space for a person to remove or change any disability indicators.

(b) The department, in consultation with organizations representing the mobility, hearing, speech and sight impaired communities, shall annually review the contents of the disability indicator form and amend the disability indicator form when needed, as determined by the department.