Bill

Bill > H2409


MA H2409

MA H2409
Clarifying that a facility shall advise clients of right to counsel


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

Relative to the providing of advise to clients of the right to counsel by certain mental health facilities. Mental Health, Substance Use and Recovery.

AI Summary

This bill amends Chapter 123 of the General Laws to clarify that mental health facilities must advise clients of their right to counsel. The key provisions are: 1. Prior to accepting a voluntary admission, the facility superintendent must inform the applicant of their right to retain and consult with an attorney, or have counsel appointed if they are indigent. 2. Upon admission of a person involuntarily, the facility must inform them of their right to consult with an attorney and have counsel appointed if indigent. The facility must also notify the Committee for Public Counsel Services, which will appoint an attorney. 3. No person can be admitted involuntarily unless they are given the opportunity to apply for voluntary admission and informed of their right to counsel. 4. Any person admitted involuntarily who believes it was due to abuse or misuse of the law can request an emergency court hearing. The overall purpose is to ensure that individuals receiving mental health services, whether voluntarily or involuntarily, are made aware of their legal rights, particularly the right to counsel.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Accompanied a study order, see H4557 (on 06/04/2018)

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