Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1391

Introduced
2/16/23  

Caption

Relative to treatment, not imprisonment

Impact

The proposed legislation signifies a shift from punitive to rehabilitative approaches within the judicial system. By prioritizing treatment, the bill indirectly seeks to alleviate the pressure on the prison system by offering alternatives that promote recovery and reintegration into society for individuals struggling with addiction issues. This can lead to a significant long-term reduction in recidivism rates, health care costs, and associated societal issues stemming from substance abuse. It ultimately aims to enhance public health outcomes while addressing the underlying issues of addiction, rather than simply punishing individuals for their struggles.

Summary

House Bill 1391, entitled 'An Act relative to treatment, not imprisonment,' aims to change the approach courts take towards individuals with alcohol or substance use disorders who are involved in the criminal justice system. Specifically, the bill amends Section 87A of Chapter 276 of the General Laws to mandate that courts consider a person's treatment needs upon motion, especially when the individual has been ordered to undergo drug or alcohol testing. If a court finds that a person has a substance use disorder, the bill ensures that the person will be required to follow a prescribed treatment plan rather than facing imprisonment for probation violations related to their disorder.

Contention

While the bill has garnered support from various advocacy groups and mental health professionals, there are notable points of contention. Critics may argue that it could lead to leniency within the system and potentially enable continued substance use without adequate accountability. There may also be concerns about resource allocation for treatment programs, which might not be available or sufficient to handle an influx of individuals mandated to undergo treatment under the new law. Furthermore, dissenters might question whether the judicial system has the capacity to effectively monitor compliance with treatment plans, given existing judicial resource constraints.

Companion Bills

MA S982

Similar To Relative to treatment, not imprisonment

MA S2927

Replaced by Relative to treatment, not imprisonment

Previously Filed As

MA H1913

Relative to treatment, not incarceration

MA S1117

Relative to treatment, not incarceration

MA H1351

Ensuring equal access to medical treatments essential for people with a developmental disability, intellectual disability, or autism

MA S1393

Relative to preventing overdose deaths and increasing access to treatment

MA H1687

Relative to the Head Injury Treatment Services Trust Fund

MA S712

Relative to ensuring treatment for genetic craniofacial conditions

MA H5126

Relative to treatment, not incarceration

MA H2196

Relative to preventing overdose deaths and increasing access to treatment

MA H1290

Relative to dental insurance coverage of periodontal treatments

MA H2415

Relative to safer treatment

Similar Bills

WI AB925

Revising various provisions of the statutes for the purpose of making corrections and reconciling conflicts (Correction Bill).

AZ HB2944

Inpatient treatment days; computation; exclusion

CA AB1879

Substance use: treatment or residential data reporting.

WI SB904

Revising various provisions of the statutes for the purpose of making corrections and reconciling conflicts (Correction Bill).

CA AB2538

Medi-Cal: hospice providers: forms.

AZ SB1244

court-ordered treatment; continuation

IA HF518

A bill for an act establishing a veterans recovery pilot program and fund for the reimbursement of expenses related to providing hyperbaric oxygen treatment to eligible veterans and making appropriations.(Formerly HF 326.)

IA HF326

A bill for an act establishing a veterans recovery pilot program and fund for the reimbursement of expenses related to providing hyperbaric oxygen treatment to eligible veterans and making appropriations.(See HF 518.)