Amendment #12 to H4011

Restoration center pilot program

Mr. Kaufman of Lexington moves to amend the amendment by adding the following section:

SECTION XXXX. There shall be a restoration center commission, hereinafter referred to as the commission, within Middlesex County to plan and implement a county restoration center and program for the purposes of diverting persons suffering from mental illness or substance use disorder who interact with law enforcement or the court system during a pre-arrest investigation or the pre-adjudication process from lock-up facilities and hospital emergency departments to appropriate treatment.

The commission shall consist of 20 members: the Middlesex County sheriff, or a designee, who shall serve as co-chair of the commission; a representative from the Massachusetts Association for Mental Health who shall serve as co-chair of the commission; the Middlesex district attorney, or a designee; a representative of the National Alliance for Mental Illness Massachusetts; 2 representatives, appointed by the Middlesex County Chiefs Association, from police departments within Middlesex County that have received critical incident training or have established a local jail diversion program; 2 representatives, appointed by the Association for Behavioral Healthcare, at least one of whom must be a provider organization in Middlesex County with experience operating a local jail diversion program; a member of the senate appointed by the senate president; a member of the house of representatives appointed by the speaker of the house; a representative from the department of mental health with knowledge of sequential intercept mapping and forensic services; a representative from the department of public health with knowledge of sequential intercept mapping and forensic services; a representative from the trial courts with specialty court experience; a representative from the executive office of public safety and security; a representative from MassHealth with knowledge of insurance vehicles, including Medicaid; a representative from the Massachusetts Psychiatric Society with experience in community-based mental health services; a representative from the Massachusetts Psychological Association; a representative from the office of the commissioner of probation within Middlesex County; a representative from the parole board with knowledge of establishing methodologies and analyzing metrics for program fidelity; and a representative from the committee for public counsel services. The commission shall hold its first meeting no later than 30 days after the effective date of this act.

The commission shall develop and implement a 3-year plan to build a restoration center in Middlesex County. In the first year, the commission shall: (1) perform an examination of state and national best practices including, but not limited to, the Bexar County model, which has received national recognition from the Substance Abuse and Mental Health Services Administration for its success in diverting individuals with behavioral health issues away from the criminal justice system and into appropriate treatment; and (2) review the current capacity of mental health providers within the county to provide behavioral health services to individuals suffering from mental illness or substance use disorders who interact with law enforcement or the court system and the barriers they face to accessing treatment. In the second year, the commission shall develop a jail diversion program and an initial pilot focused on providing integrated community-based services from a centralized location and perform an analysis of potential costs and cost-savings. In the third year, the commission shall develop a restoration center and secure funding for a subsequent 2-year period.

Within 1 year the commission shall submit its findings and recommendations for a restoration center, together with drafts of legislation necessary to carry out those recommendations, including a report on the current capacity to provide behavioral health services to individuals suffering from mental illness or substance use disorder, which shall include, but shall not be limited to, the type of services pre-arrest, pre- and post-release, location of services, type of patients served, and barriers to diverting individuals away from the criminal justice system and into treatment. Within 2 years the commission shall report on the outcome of the pilot programs and provide a full implementation plan for a restoration center, including but not limited to: deliverables, barriers to implementation, and costs. This report shall be submitted to the house and senate committees on ways and means, the joint committee on mental health and substance abuse, the executive office of public safety and security, the executive office of health and human services and the governor. The commission shall thereafter produce an annual report, which shall include, but not be limited to: list of services and programs, populations served, and financial information.

SECTION XXXX. Chapter 29 of the General Laws is hereby amended by inserting after section 2VVVV the following section:-

Section 2WWWW. Criminal Justice and Community Support Trust Fund.

(a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Criminal Justice and Community Support Trust Fund, hereinafter called the fund. The fund shall be administered by the executive office of public safety and security, in consultation with the department of mental health, which shall contract with county restoration centers and the center of excellence in community policing and behavioral health, established in section 18L1/2 of chapter 6A, to administer the fund. There shall be credited to the fund any appropriations, grants, gifts or other monies authorized by the general court or other parties and specifically designated to be credited to the fund. The objectives of the fund shall include, but shall not be limited to: supporting jail diversion programs for persons suffering from a mental illness or substance use disorder who interact with law enforcement or the court system during a pre-arrest investigation or the pre-adjudication process in order to divert individuals from lockup facilities and hospital emergency departments to appropriate treatment; developing and providing training for state and municipal law enforcement in evidence-based mental health and substance use crisis response; creating patient-focused ongoing community services for individuals who are frequent users of emergency departments and suffer from serious and persistent mental illness; and providing funding for multi-year restoration center grants for the purpose of planning and implementing a restoration center within a county in the commonwealth.

(b) Monies deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year.

(c) The fund may apply for and accept subventions, grants, loans, advances and contributions from any source of money, property, labor or other things of value to be held, used and applied in furtherance of this section.

(d) The executive office of public safety and security shall, on or before March 1, file a report to the joint committee on mental health and substance abuse, the joint committee on public safety and homeland security, and the senate and house committees on ways and means detailing the fund’s activities.