SENATE DOCKET, NO. 2328        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1411

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul W. Mark

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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 review hospitalization and emergency restraints in involuntary commitment.

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PETITION OF:

SENATE DOCKET, NO. 2328        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1411

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to review hospitalization and emergency restraints in involuntary commitment.

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

Chapter 123 of the General Laws is hereby amended by inserting after section 12 the following section:-

SECTION 12A

(a)The department of Health and Human Services shall be tasked with creating a “Section 12 Involuntary Commitment Commission” (referred to hereafter as “the commission”) to review the current language of Chapter 123 section 12 and its requisite sub-parts and the recent legal and medical standards for hospitalization and emergency restraints in involuntary commitment.

(b) The commission shall be comprised of eighteen members and shall consist of: the secretary of health and human services or a designee, who shall serve as chair; the house and senate chairs of the joint committee on mental health, substance use, and recovery or their designees; the house and senate chairs of the joint committee on judiciary or their designees; the minority leader of the house or a designee; the minority leader of the senate or a designee; the chief justice of the trial court or a designee; the commissioner of the department of mental health or a designee. One representative from each of the following organizations: Massachusetts Chiefs of Police Association; The Committee for Public Counsel Services; Massachusetts Health & Hospital Association, Inc.; Massachusetts Medical Society; Massachusetts Psychiatric Society, Inc.; Massachusetts College of Emergency Physicians, Inc.; and Massachusetts Association of Behavioral Health Systems, Inc.; National Alliance on Mental Illness Massachusetts; Massachusetts Association for Mental Illness ; Massachusetts Ambulance Association.

(c) The Commission shall evaluate the way current policy guidance and policy have changed the historical procedures. including but not limited to the way the 988 suicide and prevention hotline (referred to hereafter as “the-988”) has changed the section 12 process and offer recommendations for how the efforts around the-988 and changes to the involuntary commitment process may better align to reduce the unnecessary use of section 12 methods.

(d) The commission shall file recommendations, including any proposed legislation, with the clerks of the house of representatives and the senate not later than one year after its first meeting.