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HOUSE DOCKET, NO. 423         FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1789

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kay Khan

_______________

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 relative to mental health services in Massachusetts correctional institutions, houses of correction and jails.

_______________

PETITION OF:

 

Name:

District/Address:

Kay Khan

11th Middlesex

Denise Andrews

2nd Franklin

Ruth B. Balser

12th Middlesex

Marcos A. Devers

16th Essex

Stephen L. DiNatale

3rd Worcester

Gloria L. Fox

7th Suffolk

Sean Garballey

23rd Middlesex

Patricia D. Jehlen

Second Middlesex

Peter V. Kocot

1st Hampshire

Elizabeth A. Malia

11th Suffolk

John W. Scibak

2nd Hampshire

Carl M. Sciortino, Jr.

34th Middlesex

Ellen Story

3rd Hampshire

Timothy J. Toomey, Jr.

26th Middlesex


HOUSE DOCKET, NO. 423        FILED ON: 1/11/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1789

By Ms. Khan of Newton, a petition (accompanied by bill, House, No. 1789) of Kay Khan and others relative to mental health examinations and services for inmates of certain correctional institutions in the Commonwealth.  Mental Health and Substance Abuse. 

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1422 OF 2011-2012.]


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act relative to mental health services in Massachusetts correctional institutions, houses of correction and jails.
 

              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 126 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, after section 27, the following new section:

              Section 28. Mental Health Examinations and Services.

              The sheriff shall ensure that each person admitted to a county correctional facility, including a house of correction or jail, shall have access to mental health care consistent with his or her needs.  Mental health care shall include but not be limited to suicide screening, mental health and substance abuse screening upon admission or transfer to a facility; mental health assessment within two weeks of admission or transfer and periodically thereafter; a comprehensive mental health evaluation within a time frame appropriate to the level or urgency; suicide prevention; crisis intervention; an individualized plan of care; psychiatric services, including medication and medication monitoring; individual and group psychotherapy; evaluation for transfer to a mental health facility; and discharge planning, including referral to appropriate mental health services at the time of release and sufficient medication for continued treatment until enrollment in a public or private health plan.

              a.  Each such correctional facility shall comply with the principles and guidelines of the current version of the American Psychiatric Association Task Force Report on Psychiatric Services in Jails and Prisons, or such higher standards as the sheriff may require, with respect to the provision of mental health care.

              b.  The department of mental health shall inspect each such correctional facility at least annually to determine compliance with this section. The commissioner of mental health shall make a report of the findings and any recommendations from each inspection to the sheriff, including any recommendations for revisions to the standards for the provision of mental health care.

              c.  The sheriff shall require in each such correctional facility training of administrative, health care, and correctional staff including but not limited to the symptoms of chronic and persistent mental illnesses such as major depression, bipolar disorder, obsessive compulsive disorder, schizophrenia, and Borderline Personality Disorder; the medications used to treat these illnesses, the side effects of the medications, the types and causes of self-mutilation and strategies for dealing with mentally ill inmates in crisis.  The sheriff shall develop protocols for said training in cooperation with the commissioner of mental health.

              d. The commissioner of mental health shall file an annual report of its inspections of mental health care in county correctional facilities for the prior year, including any recommendations, with the secretary of public safety, the secretary of health and human services, the commissioner of corrections, each sheriff, the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on mental health and substance abuse and the legislative mental health caucus.

              SECTION 2.  Chapter 127 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, after section 17, the following new section:

              Section 17A.  Mental Health Examinations and Services.

              The commissioner shall ensure that each person admitted to a state correctional facility shall have access to mental health care consistent with his or her needs. Mental health care shall include but not be limited to suicide screening, mental health and substance abuse screening upon admission or transfer and periodically thereafter; a comprehensive mental health evaluation within a time frame appropriate to the level of urgency; suicide prevention; crisis intervention; an individualized plan of care; psychiatric services, including medication and medication monitoring; individual and group psychotherapy; evaluation for transfer to a mental health facility; and discharge planning, including referral to appropriate mental health services at the time of release and sufficient medication for continued treatment until enrollment in a public or private health plan.

              a.  Each such correctional facility shall comply with the principles and guidelines of the current version of the American Psychiatric Association Task Force Report on Psychiatric Services in Jails and Prisons, or such higher standards as the sheriff may require, with respect to the provision of mental health care.

              b.  The department of mental health shall inspect each such correctional facility at least annually to determine compliance with this section. The commissioner of mental health shall make a report of the findings and any recommendations from each inspection to the sheriff, including any recommendations for revisions to the standards for the provision of mental health care.

              c.  The commissioner shall require in each such correctional facility training of administrative, health care, and correctional staff including but not limited to the symptoms of chronic and persistent mental illnesses such as major depression, bipolar disorder, obsessive compulsive disorder, schizophrenia, and Borderline Personality Disorder; the medications used to treat these illnesses, the side effects of the medications, the types and causes of self-mutilation and strategies for dealing with mentally ill inmates in crisis.  The commissioner shall develop protocols for said training in cooperation with the commissioner of mental health.

              d.  The commissioner of mental health shall file an annual report of its inspections of mental health care in state correctional facilities for the prior year, including any recommendations, with the secretary of public safety, the secretary of health and human services, the commissioner of correction, each sheriff, the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on mental health and substance abuse and the legislative mental health caucus.

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