H 5275

Section 1. Section 12 of Chapter 123 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after subsection (a) the following subsection:- (a½) No person shall be restrained under subsection (a) at a facility not authorized by the department to perform evaluations under subsection (b) unless the person, or the person’s parent or legal guardian on the person’s behalf, is given an opportunity to apply for voluntary admission under paragraph (a) of section 10 and unless the person, or the person’s parent or legal guardian, has been informed that: (i) the person has a right to such voluntary admission; and (ii) the period of restraint under this section cannot exceed 72 hours. Any person restrained longer than 72 hours must be released or transferred to a facility authorized by the department to perform evaluations under said subsection (b); provided, however, that, at any time during such period of hospitalization, the superintendent may discharge such person if the superintendent determines that such person is not in need of care and treatment; and provided further, that any person restrained under this section at a facility that has not been authorized by the department to perform evaluations under subsection (b) for more than 48 hours shall be informed by the facility that it shall, upon such person’s request, notify the committee for public counsel services of the name and location of the person restrained. The committee for public counsel services shall immediately appoint an attorney who shall meet with the person. If the appointed attorney determines that the person voluntarily and knowingly waives the right to be represented, is presently represented or will be represented by another attorney, the appointed attorney shall so notify the committee for public counsel services, which shall withdraw the appointment. Any person restrained under this subsection who has reason to believe that such restraint is the result of an abuse or misuse of this subsection may request or request through counsel an emergency hearing in the district court in whose jurisdiction the facility is located and, unless a delay is requested by the person or through counsel, the district court shall hold such hearing on the day the request is filed with the court or not later than the next business day.