MA H1652

Courts may order competency or criminal responsibility examinations by qualified physicians or psychologists at any stage after indictment or criminal complaint, with examinations conducted at courthouses or detention facilities when practicable

Involuntary observation at a facility or Bridgewater State Hospital requires clear and convincing evidence that no less restrictive alternative exists, with the Commonwealth bearing the burden of proof; observation periods are limited to 20 days, extendable to 40 days maximum

Department of Mental Health must establish geographically dispersed community-based programs available 7 days per week to conduct competency and criminal responsibility evaluations as alternatives to institutional settings

A forensic navigators program will be created to provide case management, support, and advocacy for defendants undergoing competency evaluations or restoration, though participation remains voluntary

A special commission co-chaired by the Executive Office of Health and Human Services Secretary and Trial Court Chief Justice must study competency evaluation processes and report findings by June 30, 2026, including data stratified by demographics and recommendations for reform