Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. To provide for supplementing certain items in the general appropriation act and for certain other activities and projects, the sums set forth in section two for the several purposes and subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in chapter one hundred and ninety-nine of the acts of nineteen hundred and eighty-seven, for the fiscal year ending June thirtieth, nineteen hundred and eighty-eight or for such period as may be specified, the sums so appropriated to be in addition to any amounts available for the purpose.
`tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=11,53,tfh1;c5=15,49,tu;c6=65,14,tur `tc3 executive. `tc3 Governor. `tch `tc1 `ts Item `t+1 `tch;end `tc1 0411-1160 `tc4 For the expenses of the special advisory panel established pursuant to section four of this act `tc6 $80,000 `tc3 EXECUTIVE OFFICE OF HUMAN SERVICES. `tc3 DEPARTMENT OF CORRECTION. `tc1 4311-0004 `tc4 For a health service program; provided, however, that not less than five million, one hundred forty thousand dollars shall be obligated for mental health services for inmates, including MCI at Bridgewater; provided, further, that not less than an additional one hundred sixty thousand dollars shall be obligated for mental health services for inmates at MCI-Framingham; and provided, further, that the department shall submit a report to the house and senate committees on ways and means concerning programmatic improvements and expenditures at Bridgewater State Hospital, by March first, nineteen hundred and eighty-eight, including not more than two hundred and seventy-three positions `tc6 $1,562,500 `tc1 4349-0001 `tc4 For the administration and operation of the commonwealth's correctional facilities; provided, however, that the commissioner is hereby authorized to enter into agreement with the sheriff of Hampden county for the operation of day reporting centers in Hampden county, and that not less than one hundred and seventy-five thousand dollars be expended for said agreement; provided, further, that the commissioner is hereby authorized to enter into agreement with the sheriff of Hampden county for the operation of a correctional alcohol treatment facility in Hampden county; provided, further, that the commissioner is hereby authorized to make quarterly advances to the treasurer of Hampden county pursuant to said agreements; provided, further, that said treasurer shall deposit said advances into a fund to be expended solely for the purpose of said agreements; provided, further, that any interest earned by said fund shall be deposited to said fund and that any unexpended balance including interest remaining in said fund as of June thirtieth, nineteen hundred and eighty-eight shall be returned to the commonwealth; provided, further, that all persons employed by said sheriff pursuant to said agreements shall be considered county employees; provided, further, that funds advanced to the county treasurer pursuant to this agreement may be spent for any services or items of supply or equipment which the sheriff requires to carry out the purpose of operating a correctional alcohol treatment facility, such expenditures may include but are not limited to salaries, travel, uniform allowance, purchase and maintenance of equipment and selecting contractual and professional services; and provided, further, that no permission will be required for the sheriff to transfer funds among codes or subcodes at the county level, and that the department report quarterly to the house and senate committees on ways and means regarding expenditures of such funds; including not more than three thousand seven hundred and sixty-nine positions `tc6 $522,416 `tc1 4349-0030 `tc4 For Massachusetts Correctional Institution - Bridgewater State Hospital to provide audiovisual equipment in accordance with the provisions of section six of this act to monitor patients who are in seclusion and restraint pursuant to section twenty-one of chapter one hundred and twenty-three of the General Laws `tc6 $300,000 `tc3 DEPARTMENT OF MENTAL HEALTH. `tc1 5049-0000 `tc4 For forensic mental health services; provided, that not less than nineteen thousand five hundred and twenty-four dollars be obligated to meet the costs of continuing a supplemental salary increase for direct care employees of human services providers, including not more than one hundred and twenty-two positions `tc6 $468,324 `tcol;end
SECTION 3. As used in this section, the following words, unless the context clearly indicates otherwise, shall have the following meanings:
"Modular building", a pre-designed building or units of a pre-designed building constructed and equipped with internal plumbing, electrical or similar systems prior to movement to the site where such units are attached to each other and such building is affixed to a foundation and connected to external utilities, or any portable structure with walls, a floor, and a roof, designed or used for the shelter of persons or property, transportable in one or more sections and affixed to a foundation.
"Procurement", buying, purchasing, or otherwise acquiring and installing a modular building, and all functions that pertain to the acquisition and installation of a modular building, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
The deputy commissioner of the division of capital planning and operations is hereby authorized to procure, in accordance with the provisions of this section, modular buildings to serve the population identified in section five of this act for the purpose of relieving overcrowding at Bridgewater state hospital.
The provisions of sections forty-four A, forty-four B, and forty-four D to forty-four J, inclusive, of chapter one hundred and forty-nine of the General Laws shall not apply to contracts procured pursuant to this section. The provisions of sections thirty-eight A 1/2 to thirty-eight O, inclusive, of chapter seven of the General Laws shall not apply to the design of a modular building procured pursuant to this section.
Every proposal shall be accompanied by either (1) a copy of a certificate of eligibility issued by the deputy commissioner as described in section forty-four D of said chapter one hundred and forty-nine for the fabrication of modular buildings, together with an update statement, or (2) a prequalification statement containing such information as the deputy commissioner shall prescribe. If the deputy commissioner determines that any offeror is not responsible or eligible, the deputy commissioner shall reject such offeror in writing.
A contract awarded pursuant to this section which is for an amount or estimated amount greater than one hundred thousand dollars shall be deemed a contract subject to the provisions of section thirty-nine R of chapter thirty of the General Laws, and a contractor awarded such contract shall be deemed a contractor subject to the provisions of said section thirty-nine R.
The deputy commissioner shall procure modular buildings as authorized by this section utilizing competitive sealed proposals.
The deputy commissioner shall solicit proposals through a request for proposals. The request for proposals shall include:
(1) the time and date for receipt of proposals, the address of the office to which the proposals are to be delivered, the maximum time for proposal acceptance by the commonwealth;
(2) the purchase description and all evaluation criteria that will be utilized; and
(3) all contractual terms and conditions applicable to the procurement, provided that the contract may incorporate by reference a plan submitted by the selected offeror for providing the modular buildings.
The request for proposals may incorporate documents by reference; provided, however, that the request for proposals specifies where prospective offerors may obtain such documents. The request for proposals shall provide for the separate submission of price, and shall indicate when and how the offerors shall submit the price. The deputy commissioner shall make copies of the request for proposals available to all persons on an equal basis.
Public notice of the request for proposals shall be published at least once, not less than two weeks prior to the time specified in such notice for the receipt of proposals, in the central register published by the state secretary, and in such other newspapers and trade periodicals as the deputy commissioner customarily utilizes for the advertisement of construction contracts.
The deputy commissioner shall not open the proposals publicly, but shall open them in the presence of one or more witnesses at the time specified in the request for proposals. Notwithstanding the provision of section seven of chapter four of the General Laws, until the completion of the evaluation, or until the time for acceptance specified in the request for proposals, whichever occurs earlier, the contents of the proposals shall remain confidential and shall not be disclosed to competing offerors. At the opening of proposals the deputy commissioner shall prepare a register of proposals which shall include the name of each offeror and the number of modifications, if any, received. The register of proposals shall be open for public inspection. The deputy commissioner may open the price proposals at a later time, and shall open the price proposals so as to avoid disclosure to the individuals evaluating the proposals on the basis of criteria other than price.
The deputy commissioner shall designate the individual or individuals responsible for the evaluation of the proposals on the basis of criteria other than price. The designated individuals shall prepare their evaluations based solely on the criteria set forth in the request for proposals. Such criteria shall include all standards by which acceptability will be determined as to quality, workmanship, results of inspections and tests, and suitability for a particular purpose, and shall also include all other performance measures that will be utilized. The evaluations shall specify in writing:
(1) for each evaluation criterion, a rating of each proposal as highly advantageous, advantageous, not advantageous, or unacceptable and the reasons for the rating;
(2) a composite rating for each proposal, and the reasons for the rating; and
(3) revisions, if any, to each proposed plan for providing the modular buildings which should be obtained by negotiation prior to awarding the contract to the offeror of the proposal.
The deputy commissioner shall unconditionally accept a proposal except as provided by this paragraph. An offeror may correct, modify or withdraw a proposal by written notice received in the office designated in the request for proposals prior to the time and date set for the opening of proposals. After such opening, an offeror may not change the price or any other provisions of the proposal in a manner prejudicial to the interests of the commonwealth or fair competition. The deputy commissioner shall waive minor informalities or allow the offeror to correct them. If a mistake and the intended offer are clearly evident on the face of the document, the deputy commissioner shall correct the mistake to reflect the intended correct offer and so notify the offeror in writing, and the offeror may not withdraw the offer. The deputy commissioner may permit an offeror to withdraw an offer if a mistake is clearly evident on the face of the document but the intended correct offer is not similarly evident.
The deputy commissioner shall determine the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The deputy commissioner shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The parties may extend the time for acceptance by mutual agreement. The deputy commissioner may condition an award on successful negotiation of the revisions specified in the evaluation, and shall explain in writing the reasons for omitting any such revision from the contract.
If the deputy commissioner awards the contract to an offeror who did not submit the lowest price, the deputy commissioner shall explain the reasons for the award in writing, specifying in reasonable detail the basis for determining that the quality of modular buildings under the contract will not exceed the commonwealth's actual needs or that the anticipated performance of the selected offeror justifies the additional cost.
Prior to execution of a contract pursuant to this section, the selected offeror shall furnish to the deputy commissioner a performance bond satisfactory to the deputy commissioner in the sum of fifty per cent of the contract price.
Funds for the purposes of this section shall be expended from line items 5011-8875, 5011-8876, 5011-8877, 5011-8878, 5011-8879, 5011-9873, 5095-8870, 5095-8871, 5095-8872, 5095-8873, 5095-8874, 5095-8875, 5095-8876, 5095-8877, 5095-8878 of section two of chapter one hundred and sixty-seven of the acts of nineteen hundred and eighty-seven.
SECTION 4. There is hereby established a special advisory panel on the organization and structure of the commonwealth's forensic mental health system and on the appropriate evaluation and treatment of mentally ill offenders and mentally ill men and women who are in need of care in a medium or strict secure setting.
Said panel shall consist of the secretary of the executive office of human services, the commissioner of the department of correction, the commissioner of the department of mental health, a justice of the trial court to be appointed by the chief administrative justice of the trial court, and six persons to be appointed by the governor including an advocate for the needs of mentally ill men and women, and five experts, one of whom shall be a professional in the field of forensic mental health having national and substantial experience in said field, one of whom shall be a forensic psychiatrist or psychologist, one of whom shall be a criminologist, one of whom shall be an attorney, one of whom shall be an expert in the field of criminal justice management. The governor shall appoint the chairman from the panel of experts.
Said panel shall identify, examine and evaluate the existing organizational and management structure, purpose, and population of each of the five institutions forming the Bridgewater complex, and shall review the laws, programs, policies, and procedures which govern the referral and admission to, and discharge from each institution, the use of seclusion and restraint at Bridgewater state hospital, and shall assess the delivery of mental health services to each identified population.
The panel shall make specific findings and recommendations with regard to the appropriate management and treatment of each identified population, including the allocation of responsibility for the care of said populations among the several state agencies; the development of a statewide forensic mental health policy which meets the needs of both men and women, provides a continuum of services and treatment and examines components within the department of mental health, the department of corrections, the court system, and the county houses of correction, including recommendations on the use of court clinics; the resources necessary for effective service delivery; and the need for capital improvements to the complex.
In formulating its recommendations, the panel shall address the function of the addiction center and its appropriateness as a correctional facility; the commonwealth's policies relative to the evaluation, disposition, treatment, and release of persons who are found not guilty of a crime by reason of mental illness or defect, with an analysis of the need for post-release monitoring or conditional release of such persons, including the feasibility of establishing a psychiatric review board; the role of the southeastern correctional center; the care and treatment of mentally ill women within the mental health and correctional systems; the need for accreditation of the state hospital; the efficacy and relevance of the categorization and commitment of so-called sexually dangerous persons and alternatives, if any, to the current system.
Said panel may travel out-of-state and may employ such staff, experts, and consultants, subject to the approval of the chairman, as deemed necessary. Said panel shall be guided by nationally recognized models and standards which utilize state-of-the-art methodologies for the provision of mental health services in secure settings. Said panel may expend appropriated funds for travel, printing, and such other expenses as are necessary and shall be reimbursed for its necessary and reasonable expenses.
Said panel shall file an interim report with the governor and with the committees on ways and means of the house of representatives and the senate, the joint committee on human services and elderly affairs and the joint committee on criminal justice on the results of its review of each matter enumerated herein and its recommendations concerning each such matter, on or before March thirty-first, nineteen hundred and eighty-eight. Said report shall identify any budgetary, administrative or capital resources or statutory changes necessary to implement its recommendations. The governor shall file if he deems necessary a special legislative message requesting any amendments to the commonwealth's fiscal year nineteen hundred and eighty-nine appropriation based upon review of said report. The final report of said panel shall be filed with the governor and with the above named committees no later than July first, nineteen hundred and eighty-eight.
SECTION 5. The commissioner of mental health shall prepare and file with the house and senate committees on ways and means a report setting forth a plan to (a) by March thirty-first, nineteen hundred and eighty-nine, cease the transfer to Bridgewater state hospital of mentally ill persons within the care and custody of the department of mental health who neither are serving a criminal sentence nor have a criminal charge pending against them nor are awaiting sentencing, except for persons found not guilty by reason of mental illness or mental defect, and (b) by March thirty-first, nineteen hundred and eighty-nine, accept at department of mental health facilities by way of transfer from Bridgewater state hospital all patients at Bridgewater who were transferred from such mental health facilities prior to that date and who neither are serving a criminal sentence nor have criminal charges pending against them nor are awaiting sentencing, except for persons found not guilty by reason of mental illness or mental defect.
The commissioner shall file said report no later than March first, nineteen hundred and eighty-eight. The commissioner shall include any recommendations deemed necessary for the implementation of said plan including any recommendations for changes in chapter one hundred and twenty-three of the General Laws. Said plan shall be fully implemented by the commissioner of mental health, and the commissioner of corrections shall transfer patients in accordance with said plan; provided, however, that said chapter one hundred and twenty-three is amended such that the department of correction is not obligated thereby to accept such patients at the Bridgewater state hospital and such that the department of mental health is so obligated.
SECTION 6. Notwithstanding the provisions of any general or special law to the contrary, no person at Bridgewater state hospital shall be kept in seclusion without mechanical restraint without a person in attendance specially trained to understand, assist and afford therapy to the person in seclusion unless the person in seclusion is monitored through the use of electronic audio-visual equipment. Compliance with the aforesaid shall be deemed to meet the monitoring and attendance requirements for patients in seclusion at Bridgewater state hospital as provided in section twenty-one of chapter one hundred and twenty-three of the General Laws. Prior to the use of audio-visual equipment to monitor patients in seclusion, the department of correction shall submit a report to the house and senate committees on ways and means and to the joint committee on human services and elderly affairs. Said report shall include (1) a plan for the use of specially trained observers in combination with audio-visual equipment, including the availability to the patient of such observers; (2) minimum training requirements for those persons who will observe patients through an audio-visual monitor; (3) a plan to ensure the appropriate ratio of monitors to monitoring equipment; and (4) the feasibility of adapting the hospital to such use.
In emergency situations where audio-visual equipment which has been installed to monitor patients in seclusion is not available, an adult may be kept in seclusion without being monitored for a period not to exceed two hours. In that event, the person kept in seclusion shall be observed at least every five minutes. Further, the superintendent, director, or designated physician shall attach to the restraint form a written report as to why the audio-visual equipment was not available.
SECTION 7. Notwithstanding the provisions of any general or special law to the contrary, any mentally ill person who is found to be not guilty by reason of mental illness or mental defect or defendants who are found to be incompetent to stand trial shall be evaluated by the department of mental health which shall provide a recommendation as to the most appropriate secure treatment facility for such individual prior to the disposition of their case.
SECTION 8. The secretary of the executive office of human services, in consultation with the commissioners of the department of mental health and the department of correction, is hereby directed to submit a report to the house and senate committees on ways and means and the joint committee on human services and elderly affairs by January thirty-first, nineteen hundred and eighty-eight on the legal and civil rights of patients at Bridgewater state hospital. Such report shall include, but shall not be limited to, an analysis of the legal and civil rights of patient populations who are currently residing in facilities of the department of mental health and the legal and civil rights of patients who are currently at Bridgewater state hospital.
SECTION 9. Section 33 of chapter 199 of the acts of 1987 is hereby amended by striking out the twenty-fourth paragraph and inserting in place thereof the following paragraph:- `tuc EOHS - DEPARTMENT OF CORRECTION
The department of correction may expend revenues in an amount not to exceed ten million dollars accrued through its program of selling correctional industries products and services and an amount not to exceed three million dollars accrued from the sale of farm products and services, subject to the approval of the commissioner of correction, for the support of the respective programs including the costs of materials, supplies, equipment, maintenance of facilities and compensation of employees of the respective programs.
SECTION 10. Section 12 of chapter 123 of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-
(e) Any person may make application to a district court justice for a ten day commitment to a facility of a mentally ill person whom the failure to confine would cause a likelihood of serious harm. After hearing such evidence as he may consider sufficient, a district court justice may issue a warrant for the apprehension and appearance before him of the alleged mentally ill person, if in his judgement the condition or conduct of such person makes such action necessary or proper. Following apprehension, the court shall have the person examined by a physician designated to have the authority to admit to a facility or examined by a qualified psychologist in accordance with the regulations of the department. If said physician or qualified psychologist reports that the failure to hospitalize the person would create a likelihood of serious harm by reason of mental illness, the court may order the person committed to a facility for a period not to exceed ten days, but the superintendent may discharge him at any time within the ten day period.
SECTION 11. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of correction shall have the sole authority to name or rename the Massachusetts correctional facility situated in the town of Shirley.
SECTION 12. This act shall take effect upon its passage.