Skip to Content


SENATE DOCKET, NO. 1233         FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 905

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cynthia S. Creem

_______________

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 requiring victims to be notified of certain hearings concerning the custodial status of individuals adjudged not guilty of a crime by reason of mental illness or after being found not competent to stand trial.

_______________

PETITION OF:

 

Name:

District/Address:

Cynthia S. Creem

First Middlesex and Norfolk


SENATE DOCKET, NO. 1233        FILED ON: 1/18/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 905

By Ms. Creem, a petition (accompanied by bill, Senate, No. 905) of Cynthia S. Creem for legislation to require victims to be notified of certain hearings concerning the custodial status of individuals adjudged not guilty of a crime by reason of mental illness or after being found not competent to stand trial.  Mental Health and Substance Abuse. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 980 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act requiring victims to be notified of certain hearings concerning the custodial status of individuals adjudged not guilty of a crime by reason of mental illness or after being found not competent to stand trial.
 

              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 9 of chapter 123 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended in paragraph (b) by striking in lines 11-12 the words “giving the names of all persons ” and inserting in place thereof the following:-

              “giving the names of the District Attorney for the District in which the person was adjudicated not guilty or not delinquent by reason of mental illness or found not competent to stand trial and all other persons”

              SECTION 2.  Section 9 of said chapter 123 is hereby further amended by adding after the words “considers proper” in line 16 the following:-

              “and if the person was retained to a facility or the Bridgewater state hospital after being adjudged not guilty of a crime by reason of mental illness or after being found not competent to stand trial, the justice also shall order notice of the time and place for hearing to be given to the District Attorney for the District wherein the person was adjudged not guilty by reason of mental illness or found not competent to stand trial and shall order the superintendent or medical director to provide notice of the time and place for hearing to all persons who are victims as defined by section one of chapter two hundred fifty-eight B”

              SECTION 3.  Section 16 of said chapter 123 is hereby amended by adding after paragraph (f) the following:-

              (g) The victims and victims’ family members as defined in section one of chapter two hundred and fifty eight B shall be notified of any hearing conducted for such a person under the provisions of this section or any subsequent hearing for such person conducted under the provisions of this chapter relative to the commitment of the mentally ill.

              SECTION 4.  Section 3 of chapter 258B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding after paragraph (v) the following:-

              (w)  for victims, to be informed in advance by the commitment facility whenever a person who has been adjudged not guilty by reason of mental illness or who has been found incompetent to stand trial receives a temporary, provisional or final release from the commitment facility, whenever such person is moved from a secured facility to a less secure facility.  The victims shall be notified whenever such person escapes from the commitment facility.  The victims shall be notified by the commitment facility of any hearing to be conducted under the provisions of chapter one hundred twenty-three in accordance with subsection (g) of section sixteen of chapter one hundred twenty-three relative to the commitment of the mentally ill.

The information contained in this website is for general information purposes only. The General Court provides this information as a public service and while we endeavor to keep the data accurate and current to the best of our ability, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Error