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S 1389

Relates to immediate enforcement of securing orders through issuance of a bench warrant when a defendant fails to appear

2025 Regular Session Introduced by Patricia Canzoneri-Fitzpatrick

The bill broadens DMH patient rights to privacy, communications, legal access, and culturally competent care across facilities, with protections against retaliation.

REFERRED TO CODES
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Bill Summary · S 1389

Summary — S.1389 (2025): “An Act modernizing the 6 fundamental rights”

Overview / Purpose

S.1389 would replace Section 23 of Chapter 123 of the Massachusetts General Laws to modernize and expand statutory rights for all persons receiving services from Department of Mental Health (DMH) programs, facilities, and contractors. The bill codifies cross-cutting definitions and enumerates specific rights intended to protect privacy, access to communications, legal representation and culturally competent care for people in state hospitals, community mental health centers, residential programs and inpatient facilities.

Note: The bill text clearly concerns mental-health patient rights. The bill metadata provided by the requester includes an unrelated short title about bench warrants and a conflicting sponsor list; those items appear inconsistent with the actual text and are noted below.

Key provisions (high level)

  • Adds explicit definitions: “confidential calls,” “legal advocate,” “peer supporter,” “serious disruptions,” “stated gender identity,” and “culturally relevant personal care items.”
  • Applies rights to all persons (of any age) in DMH-operated, -licensed, or -contracted programs and facilities; rights are in addition to other statutory/constitutional rights.
  • Communications and devices:
    • Reasonable access to telephone/videophone (with transcription as needed) and assistance; access to personal devices and information on them unless use is criminal or unreasonably interferes with others’ rights.
    • Right to send/receive sealed, unopened, uncensored mail and email. Facility staff may open mail in front of a person only for documented, specific suspicion of contraband (without reading contents).
    • Reasonable access to computers, writing materials, postage; assistance setting up or using e‑mail and messaging.
  • Visitors and privacy:
    • Daily, private visits and ability to refuse visitors; visiting hours may be limited only for privacy of others or to avoid “serious disruptions,” and must be flexible to meet individual needs.
    • Right to a humane psychological and physical environment with privacy for resting, dressing, bathing and toileting appropriate to a person’s stated gender identity; reasonable access to culturally relevant personal care items (e.g., skin/hair products, gender-affirming items such as binders).
  • Access to support and legal services:
    • Right to receive/refuse visits and calls at reasonable times from attorneys, legal advocates, clergy, peer supporters, recovery coaches, therapists and other providers — even outside normal visiting hours.
    • Attorneys and designated legal advocates have access to clients, with client consent to records and care staff; facilities must ensure reasonable access by specified legal aid organizations and provide contact information and assistance on admission.
  • Protections against reprisals: exercise of these rights cannot result in harassment or denial of appropriate, available treatment.

Who would be affected

  • Primary: patients/clients served by DMH-operated, -licensed or -contracted facilities (state hospitals, community mental health centers, residential and inpatient programs).
  • Secondary: DMH facilities and staff (new access/recordkeeping/visitation responsibilities), peer supporters and legal/advocacy organizations, family and visitors.

Procedural status & timeline (from provided data)

  • Filed (docket): 1/15/2025
  • Introduced in Senate: 4/9/2025; read twice and referred to Committee on Agriculture, Nutrition, and Forestry (metadata appears inconsistent with subject matter).
  • Other recorded actions: referred to Codes (status shows “REFERRED TO CODES”); earlier referral to Committee on Mental Health, Substance Use and Recovery is recorded. A hearing was scheduled for 10/14/2025 (1:00–5:00 PM, A‑2) per the provided timeline.
  • Related/companion measures listed: HR 2758 (companion), SD 1146 (replaces), and several prior-session bills.

Notes and discrepancies

  • The bill text and primary sponsor listed within the text (Sen. Julian Cyr and co‑petitioners) describe a Massachusetts state-law amendment on DMH patient rights. Other provided metadata — including the short title about bench warrants and a sponsors list naming federal senators (Jerry Moran, Roger Marshall, Michael Bennet, John Hickenlooper, Patricia Canzoneri‑Fitzpatrick) — conflict with the bill text and likely reflect erroneous cross-referencing. Readers should consult the official Massachusetts legislative docket (Senate No. 1389 / SD 1146) to confirm sponsors and current status.

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

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