Court’s often order mentally ill criminal defendants to undergo psychological evaluations prior to trial. (See my posts Competency to Stand Trial: Court-Ordered Evaluations and Lack of Criminal Responsibility (the Insanity Defense) in Massachusetts.)
High-risk defendants who are prone to violent behavior typically go to Bridgewater State Hospital for their evaluations. The hospital is run by the Massachusetts Department of Corrections.
This week Disability Law Center, an oversight agency working on behalf of the federal government, issued a scathing report on the conditions in Bridgewater.
Among other things, the report includes
updates about continuing violations of Massachusetts restraint law in BSH restraint and seclusion practices – notable among them, a discussion about the over 900,000 undocumented seclusion hours individuals endure locked in prison cells each year due to its status as a DOC prison, rather than a DMH hospital. Other sections include discussions about the lack of clarity in the “strict security” standard permitting determinations grounded in bias; the dangerous hot and humid conditions within BSH this summer; continuing mold contamination; issues with access to medications for opioid use disorder and medical care; and continuity of care for people discharged from BSH.
It concludes with two “critical” recommendations:
(1) the Commonwealth must immediately transfer authority over BSH to the Department of Mental Health (DMH) from the Department of Correction (DOC) and (2) the Commonwealth must urgently construct a new DMH hospital to serve the BSH population.
To read the full report, click here.