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HD 873

An Act relative to treatment, not incarceration

194th Legislature (2025-2026) Introduced by Mike Connolly and 5 co-sponsors

Massachusetts bill shifts low-level offenders with mental health/substance abuse issues from incarceration to treatment-based diversion programs.

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Bill Summary · HD 873

Legislative bill overview

HD 873 seeks to shift Massachusetts' approach to low-level offenses by prioritizing treatment and support services over criminal incarceration. The bill would establish mechanisms to divert individuals with substance use disorders and mental health conditions away from the criminal justice system toward therapeutic interventions and community-based care.

Why is this important

Massachusetts, like many states, has struggled with rising incarceration rates and recidivism, particularly among individuals whose underlying issues are addiction and mental illness rather than violent criminality. Redirecting these populations toward treatment could reduce prison overcrowding, lower criminal justice costs, decrease repeat offenses, and improve public health outcomes—though effectiveness depends heavily on adequate treatment infrastructure and funding.

Potential points of contention

  • Public safety concerns: Critics may argue that diversion programs insufficiently protect communities and that judges need discretion to incarcerate dangerous individuals regardless of underlying conditions
  • Implementation costs and treatment capacity: Massachusetts may lack sufficient treatment facilities and funding to absorb diverted cases, potentially creating waitlists or inadequate services
  • Scope definition: Disagreement over which offenses qualify for diversion, whether repeat offenders are eligible, and what safeguards prevent program abuse or manipulation

Compiled from official sources — confirm details with the bill’s official record.

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