2003 Session

Budget Amendments - HB1400 (Conference Report)

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Involuntary Civil Commitment Custody Plan (language only)

Item 298 #1c

Item 298 #1c

Health And Human Resources
Health and Human Resources, Secretary of

Page 282, after line 12, insert:
"H.1.  In order to assist the courts and other participating parties in the uniform and effective operation of the Commonwealth's involuntary civil commitment statutes, the Secretary of Health and Human Resources, in consultation with the Secretary of  Public Safety and the Executive Secretary of the Supreme Court, shall appoint a committee on civil commitment procedures to establish statewide policies and guidelines that identify the party or parties responsible for the safety and security of individuals who are the subject of or who participate in involuntary detention and admission activities. These activities include transportation; custody of persons under judicial orders; medical evaluation, screening and treatment; and detention services. Such policies and guidelines shall recognize the varying resources of localities and the varying conditions and needs of individuals subject to temporary detention orders and protect their security; protect the security of patients, staff and employees of facilities providing emergency medical evaluation, treatment or detention services; and be consistent with the requirements of the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. 1395dd, as amended, and its implementing regulations.
2. The committee shall include representatives of the agencies in the secretariats and the Supreme Court who are involved in these activities; community services boards; general district courts, including magistrates and special justices; law-enforcement agencies, including police and sheriff's departments; facilities and practitioners providing emergency medical evaluations, treatment or temporary detention; state mental health facilities; local governments; and other entities as necessary.
3. The committee shall report these policies and guidelines to the Secretaries and to the Chairmen of the House Appropriations and Senate Finance Committees by November 1, 2003, and include recommendations for any legislative actions needed to implement the policies and guidelines. These policies and guidelines shall be used by the applicable local representatives or counterparts of the agencies and organizations represented on the committee to develop local procedures."

(This amendment adds language to develop policies and guidelines to determine how custody for patients involuntarily committed is handled to ensure safety and security during all phases of the detention and involuntary civil commitment process. Language is also added to require a report by November 1, 2003, of any recommendations for legislative actions needed to implement the policies and guidelines.)