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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO COMMITMENTS OF PERSONS FOUND INCOMPETENT TO STAND TRIAL OR NOT GUILTY BY REASON OF MENTAL ILLNESS.

      Whereas, The deferred operation of this act would tend to defeat its purpose, which is to further regulate forthwith commitments of persons found incompetent to stand trial or not guilty by reason of mental illness, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

      Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
      Subsection (e) of section 16 of chapter 123 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following 2 sentences:- 
      If the superintendent seeks removal or modification of such restriction, the superintendent shall notify the district attorney who has or had jurisdiction of the relevant criminal case.  If, after the superintendent communicates the superintendent’s intention to remove or modify such restriction in writing to the court and the district attorney who has or had jurisdiction of the relevant criminal case, neither the court nor the district attorney makes written objection to such removal or modification within 14 days of receipt of the notice, such restrictions shall be removed by the superintendent.

Approved, October 30, 2015.