The Commonwealth of Massachusetts
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PETITION OF:
The Commonwealth of Massachusetts
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PETITION OF:
Robert A. Antonioni
Ellen Story
Douglas W. Petersen
Christine E. Canavan
Kay Khan
John P. Fresolo
Steven J. D'Amico
Barbara A. L'Italien
Patricia D. Jehlen
David B. Sullivan
Steven A. Tolman
William Smitty Pignatelli
Michael E. Festa
Carl M. Sciortino, Jr.
Elizabeth A. Malia
Jennifer M. Callahan
Gloria L. Fox
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In the Year Two Thousand and Seven.
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An Act providing for the establishment of a mental health court. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The governor is hereby authorized and directed to file an application with the attorney general of the United States of America for a grant to establish a demonstration mental health court under the provisions of (42 USC 3793 (a)) as amended.
SECTION 2. The chief administrative justice of the trial court of the commonwealth is hereby authorized and directed to establish a program that will involve the following:—
(1) continuing judicial supervision, including periodic review, over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders, who are charged with misdemeanors or nonviolent
offenses; and
(2) the coordinated delivery of services, which includes:—
(A) specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender;
(B) voluntary outpatient or inpatient mental health treatment, in the least restrictive manner appropriate, as determined by the court, that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of treatment;
(C) centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant’s cases, including violations of probation, and the coordination of all mental health treatment plans and social services, including life skills training, such as housing placement, vocational training, education, job placement, health care, and relapse prevention for each participant who requires such services; and
(D) continuing supervision of treatment plan compliance for a term not to exceed the maximum allowable sentence or probation for the charged or relevant offense and, to the extent practicable, continuity of psychiatric care at the end of the supervised period