Amendment #30 to H4725

Mental health hold and alcohol and substance use disorder commitment coordination

Mr. Muratore of Plymouth moves to amend the bill by adding the following 2 sections:

“SECTION XX. Subsection (b) of section 12 of chapter 123 of the General Laws, as appearing in the 2016 Official Edition,  is hereby amended by adding the following 2 paragraphs:-

If there are reasonable grounds to believe that a warrant has been issued for such person pursuant to section 35, the facility shall inform the court of such person’s name, address, date and place of birth and date and time of treatment for identification and location purposes; provided, that notification by the petitioner, spouse, blood relative or guardian that a warrant has been issued for such person pursuant to said section 35 shall be deemed reasonable grounds to believe that a such warrant has been issued.

If a facility, as defined in section 35 and hereinafter “alcohol and substance use disorder facility”, transfers custody of a person with an alcohol or substance use disorder committed to said facility to a facility under the provisions of this section, hereinafter “mental health facility”, because the failure to hospitalize such person would create a likelihood of serious harm by reason of mental illness, the alcohol and substance use disorder facility shall notify the mental health facility of the court order for commitment and the duration of said commitment. If the order of commitment pursuant to said section 35 is in effect at the time of discharge of said person, the mental health facility shall only discharge said person to the alcohol and substance use disorder facility.

SECTION XX. Section 35 of said chapter 123, as so appearing, is hereby amended by inserting after the word “sooner”, in line 38, the following words:-

; provided however, that if there are reasonable grounds to believe that such person has been admitted to a facility pursuant to section 12, the warrant shall continue day after day for up to 5 consecutive days after the discharge of said person, excluding Saturdays, Sundays and legal holidays, or until such time as the person is presented to the court, whichever is sooner.”