Legislative Priorities 1

Department of Correction (DOC) to the Department of Mental Health (DMH), ensuring that individuals sent to BSH receive medical and mental health care in accordance with DMH regulations. It establishes a Division of Forensic Mental Health Services within DMH to manage forensic evaluations, competency restoration, and mental health treatment for justice-involved individuals. The bill also repeals and amends various legal provisions to remove the role of the medical director of BSH in commitment and treatment decisions, transferring these responsibilities to the Commissioner of Mental Health. Additionally, it mandates a feasibility study for constructing a new treatment facility to replace BSH.

• Transfer of Oversight – The Commissioner of Mental Health will assume full responsibility for the operation and oversight of BSH, including all medical and mental health treatment.
• Creation of a Forensic Mental Health Division – Establishes a specialized division within DMH to provide forensic mental health services, including competency evaluations, risk assessments, and alternative sentencing programs.
• Repeal and Amendment of Existing Laws – Removes references to the medical director of BSH in various legal provisions and grants DMH broader control over commitment and transfer decisions.
• Commitment and Transfer Procedures – Revises procedures for transferring individuals out of BSH when strict security is no longer necessary and ensures timely execution of such transfers.
• Use of Restraints – Strengthens oversight of restraint use in mental health facilities, requiring data collection and public reporting.
• Feasibility Study for a New Facility – Mandates a study on constructing a new facility to better support the health and recovery of patients currently housed at BSH.
• Implementation Deadline – The act must be fully implemented by December 31, 2024.

This legislation underscores the role of family and community connections in rehabilitation, reducing recidivism, and ensuring humane treatment within correctional facilities.

Massachusetts. It establishes clear policies to maximize visitation, prevent unreasonable restrictions, ensure fair treatment of visitors, and recognize the importance of family and community connections in rehabilitation and successful reentry. The legislation also sets standards for visitor eligibility, accommodations, and the conduct of correctional staff, while prohibiting the replacement of in-person visitation with electronic communication.

• Protection of Visitation Rights: Prohibits correctional facilities from limiting, eliminating, or coercing incarcerated individuals to forgo in-person visitation.
• Visitation Availability: Requires at least two visiting periods per day, extended weekend and holiday visits, and no reduction in visits below 2025 levels.
• Visitor Eligibility & Process: Prevents blanket exclusions based on criminal history, parole status, or volunteer work in prisons; allows visitors to update pre-approval lists; ensures cross-facility visitation approval.
• Physical Contact & Family Interaction: Allows reasonable physical contact (handshakes, hugs, closed-mouth kisses), child-friendly visitation spaces, and homework collaboration during visits.
• Accommodations & Fair Treatment: Requires accessibility accommodations for people with disabilities, fair dress code policies, and respectful visitor treatment.
• Restrictions on Visitation Limits: Prohibits long-term visitation bans and restricts disciplinary visitation suspension to a maximum of 10 days.
• Legal & Emergency Visits: Ensures private legal visitation rooms and daily visitation access for critically ill or hospitalized incarcerated individuals.
• Humane Treatment & Training: Mandates bi-annual staff training on the importance of visitation, respectful visitor treatment, and cultural sensitivity.
• Technology & Transparency: Requires that video communication be offered in addition to—not as a replacement for—in-person visits, and prohibits fees for video visits. Facilities must also publicly post visitation schedules.
• Accountability Measures: Establishes a complaint and appeal process for visitors and mandates written justifications for visit denials or visitor exclusions.
• This legislation underscores the role of family and community connections in rehabilitation, reducing recidivism, and ensuring humane treatment within correctional facilities.