Budget Amendment ID: FY2023-S4-863-R2

2nd Redraft OTH 863

Establishing a commission on the history of the Walter E. Fernald State School, the Metropolitan State Hospital, and other state institutions in the commonwealth

Messrs. Barrett, Brady and Hinds moved that the proposed new text be amended in section 2, in item 5011-0100, in item 5011-0100, by adding the following words:- “; provided further, that not less than $145,000 shall be expended for a special commission on the history of state institutions in the commonwealth, including, but not limited to, the history of the Walter E. Fernald State School and the Metropolitan State Hospital”; and by striking out the figure “$31,986,331” and inserting in place thereof the following figure:- “$32,131,331”; and

by inserting after section 56 the following section:-

“SECTION 56A. (a) There shall be a special commission to study and report on the history of state institutions for people with intellectual or developmental disabilities or mental health conditions in the commonwealth, including, but not limited to, the Walter E. Fernald State School and the Metropolitan State Hospital. The commission shall: (i) review existing records in the possession of the commonwealth related to the network of current and former state institutions for people with intellectual or developmental disabilities or mental health conditions; (ii) examine the current availability of, and barriers to accessing, records by former residents of such institutions, their descendants and relatives and the general public; (iii) assess and compile records of burial locations for the residents who died while in the care of such institutions; (iv) determine the likelihood and possible locations of unmarked graves at sites of former state institutions for people with intellectual or developmental disabilities or mental health conditions; and (v) design a framework for public recognition of the commonwealth’s guardianship of residents with disabilities throughout history, which may include, but shall not be limited to, recommendations for memorialization and public education on the history and current state of the independent living movement, deinstitutionalization and the inclusion of people with disabilities.

(b) The commission shall consist of: a person who identifies as having an intellectual or developmental disability, appointed by the commissioner of developmental services, who shall serve as co-chair; a person who identifies as having a mental health or behavioral health condition, appointed by the commissioner of mental health, who shall serve as co-chair; the commissioner of developmental services or a designee; the commissioner of mental health or a designee; the chief of the archives division in the department of the state secretary or a designee; the executive director of the disabled persons protection commission or a designee; the director of the Massachusetts office on disability or a designee; 1 member who identifies as a person with a disability appointed by Arc Massachusetts, Inc.; 1 member appointed by Massachusetts Advocates Standing Strong, Inc.; 1 member appointed by Massachusetts Families Organizing for Change Inc.; and 7 members appointed by the governor, 1 of whom shall be a representative of a center for independent living, 2 of whom shall be current residents of the Hogan Regional Center or Wrentham Developmental Center, 1 of whom shall be a family member of a current resident of the Hogan Regional Center, 1 of whom shall be a family member of a current resident of the Wrentham Developmental Center, 1 of whom shall be a former employee of a state institutional facility between 1970 and 2014, inclusive, and 1 of whom shall be a self-advocate member of a mental health peer recovery group.

(c) The commission shall file a report of its findings and recommendations to the state secretary, the clerks of the senate and house of representatives, the joint committee on children, families and persons with disabilities and the joint committee on mental health, substance use and recovery not later than June 1, 2025. The Massachusetts office on disability shall make the report publicly available in an accessible format on the office’s website.”.