Amendment ID: S2572-21

Amendment 21

DMH Oversight of Mental Health Watch

Mr. Eldridge, Ms. Rausch and Mr. O'Connor move that the proposed new draft be amended by inserting after section 58 the following section:- 

SECTION XX. Chapter 127 of the General Laws is hereby amended by inserting after section 39H the following section:-

Section 39I. The department of mental health shall promulgate regulations with the following requirements upon state and county correctional facilities: (1) Have a written suicide prevention and suicide response policy; (2) Establish a mental health suicide watch chain of command supervised by mental health clinical supervisory staff; (3) Ensure that all persons on mental health watch status are housed in clinically-appropriate settings and are provided constant 1-on-1 supervision; (4) Ensure that all incarcerated persons needing mental health care receive confidential mental health treatment that is consistent with generally accepted professional standards for mental health treatment in the community; (5) Ensure personal dignity of incarcerated persons, except as limited by a qualified mental health professional based on daily individual assessment, including but not limited to these protections: (i) Ensure that prisoners are fully clothed, in clothing that is substantially similar to that which is worn by the general population; (ii) Provide menstruating prisoners with appropriate personal hygiene supplies throughout the duration of their menstrual cycle; (iii) Provide prisoners on mental health watch with a minimum of 2 blankets of the same or of substantially similar quality to blankets provided in the general population; (iv) Offer prisoners who have been placed on mental health watch  time out of cell indoors or outdoors, in accordance with the prisoner’s preference, at least once daily; and (v) Allow prisoners the right to personal possessions; (6) Conduct independent reviews of completed suicides, attempted suicides, and incidents of self-harm, make recommendations for remediation after each incident, and document implementation of said recommendations; and (7) Prohibit a correctional officer from future mental health watch duty if the correctional officer is found to be in violation of the written suicide prevention policy.