Amendment #5, as changed to H4743

Access to Addiction Services

Ms. Balser of Newton moves to amend the bill by inserting after section 11 the following 2 sections:-

SECTION 11A. Section 35 of chapter 123 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the definition of “Facility” the following definition:-

“Secured facility”, any public or private facility that provides care and treatment for a person with alcohol or substance use disorder located within a correctional facility funded, controlled, or administered by a county sheriff, or a private facility that provides a comparable level of security.

SECTION 11B. Said section 35 of chapter 123, as so appearing, is hereby amended by striking out the fourth, fifth and six paragraphs and inserting in place thereof the following paragraphs:-

The secretary of health and human services shall ensure an adequate supply of suitable beds for the treatment of alcohol or substance use disorders at facilities licensed or approved by the department of public health or the department of mental health for persons ordered to be committed under this section.

If the department of public health informs the court that there are no such suitable facilities or if the court makes a specific finding that the only appropriate setting for treatment for the person is a secure facility, then the person may be committed to a secure facility licensed or approved by the department of public health or the department of mental health; provided further, that such secure facilities shall be geographically distributed so as to provide access to treatment in all regions of the commonwealth.

A person committed under this section shall, upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to remain in the facility for such purpose. The department of public health shall maintain a roster of public and private facilities available, together with the number of beds currently available and the level of security at each facility, for the care and treatment of alcohol use disorder and substance use disorder and shall make the roster available to the trial court.

And further amends the bill by inserting after section 18 the following section:-

SECTION 18A. (a) Notwithstanding any general or special law to the contrary, the Massachusetts alcohol and substance abuse center, hereinafter referred to as the center, shall be considered a security facility under section 35 of chapter 123 of the General Laws for the purposes of commitments under said section 35 until the conditions under subsection (b) are satisfied.

(b) The secretary of health and human services shall develop a plan to end operations at the center as a facility accepting persons committed for treatment for alcohol or substance use disorder by not later than December 31, 2026; provided, however, that persons may continue to be committed to the center under said section 35 of said chapter 123 until the department of public health and department of mental health have licensed and approved suitable facilities with a total bed capacity equal to the center. Such facilities shall be geographically distributed so as to provide access to treatment in all regions of the commonwealth.

(c) The secretary shall submit the plan required under subsection (b) to the clerks of the senate and house of representatives and to the joint committee on mental health, substance abuse and recovery not later than 180 days after the effective date of this act. The secretary shall submit interim reports quarterly detailing the progress towards ending operations at the center to the clerks of the senate and house of representatives and to the joint committee on mental health, substance abuse and recovery. The quarterly reports shall include, but shall not be limited to following: (i) a census of persons being treated at the center; (ii) the number of persons transferred from the center to other facilities licensed by the department of public health or department of mental health; (iii) the location and bed capacity of each newly licensed facility; (iv) the type of facility and location of newly committed persons under section 35 of chapter 123 of the General Laws; and (v) the anticipated fiscal impact, if any, of complying with this section.

Additional co-sponsor(s) added to Amendment #5, as changed to H4743

Access to Addiction Services