Budget Amendment ID: FY2015-S4-599-R1

Redraft EPS 599

Prohibiting Commitments at Certain Facilities

Ms. Spilka moved that the proposed new text be amended moved that the bill be amended in section 60 by adding the following by sentence:-

“No person shall be committed to the Massachusetts correctional institution at Bridgewater or to the Massachusetts correctional institution at Framingham for rehabilitative purposes, under this section, unless at least 1 of the following conditions are present: (i) the person has a history, within the last 12 months, of violence towards patients or treatment staff; (ii) the person has a history, within the last 12 months, of elopement from a treatment facility; or (iii) the person exhibits an imminent risk of severe, life threatening withdrawal symptoms or a co-occurring medical or mental health condition that preclude safe detoxification in a less intensive setting.”; and

by striking out section 65 and inserting in place thereof the following section:-

“SECTION 65. The fourth paragraph of said section 35 of said chapter 123, as so appearing, is hereby amended by striking out the fourth, fifth and sixth sentences and inserting in place thereof the following 2 sentences:- The person may be committed to the Massachusetts correctional institution at Bridgewater, if a male, or at Framingham, if a female, if 1 of the following conditions are present: (i) the person has a history, within the last 12 months, of violence towards patients or treatment staff; (ii) the person has a history, within the last 12 months, of elopement from a treatment facility; or (iii) the person exhibits an imminent risk of severe, life threatening withdrawal symptoms or a co-occurring medical or mental health condition that preclude safe detoxification in a less intensive setting. The person so committed shall be housed and treated separately from convicted criminals. Such person shall, upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to remain in the facility for such purpose.”