2021-11-08 00:00:00 - Joint Committee on Mental Health, Substance Use and Recovery

2021-11-08 00:00:00 - Joint Committee on Mental Health, Substance Use and Recovery (Part 1 of 2)

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[REP BALSER:] [HB2066] you. Mr Chairman uh and the other Mr chairman. I can't see but I know you're out there. Thank you for taking me out of turn. Um This is a really important topic that this committee is considering today. Uh Section 35 I'm here to speak in support of House Bill 2066 entitled and Act ensuring access to addiction services. Uh this legislation would prohibit sending men who are civilly committed because of a serious addiction uh to a facility run by the criminal justice system rather than the health care system. The point of this legislation is to make our statutes in massachusetts match up with the science. Uh the science would tell us very important and simple fact, which is that addiction is an illness and not a crime. So I'm going to say that again, addiction is an illness and not a crime. So section 35 quickly allows a court to send someone who is considered to be at serious harm to themselves or others because of a serious addiction to involuntary treatment.

Massachusetts is321 the only322 state in the nation whose statutes allow those civilly committed individuals to be sent to a facility run by the criminal justice system. We are the only state in the nation whose statutes say that, and I'm hoping that this committee will partner with me and with Senator Friedman and many others in in bringing us up to where we should be and treat these folks in a health care facility and not a jail. Um, I would mention that Um, this, I should remind people that in 2016 we prohibited sending women to criminal justice facilities if they were sectioned what we call being sectioned. Until then, women were sent to M. C. I. Framingham that no longer happens when we prohibited sending women, uh the state established new programs under the auspices of the Department of Public Health and the Department of Mental Health.

The good news was that we did that for women. The bad news was that we introduced gender discrimination into our laws, it makes absolutely no sense for men who are suffering from a serious addiction to be treated in a correctional facility while we recognize that women shouldn't be. And so this bill would prohibit that discrimination against men. I would also remind, I'm sure the committee413 is aware that when someone is at imminent harm, an imminent risk of harm because of a mental illness, we can civilly commit them. But to a hospital, we send people like that to a psychiatric hospital. The laws about addiction should be the same. Which is that if someone is in432 that bad shape that we need to commit them to involuntary treatment, then it should be in a health care facility. I would just wrap up by adding that. I've added this term.

We've added a provision to this bill which would require the state to set up programs across the state. Because what happened last session was some of our colleagues alerted me to a worry that if this bill were to pass without ensuring access all over the state, folks in folks in Western Mass frankly are very worried. The only program out there is run by the Sheriff of Hampton County. And so uh two facts to add one is the legislation says not only will we prohibit such facilities from functioning, but we will make sure that there are appropriate facilities across the state and additionally when people often say, but hey, the sheriff's the only one willing to do this. We tested that I served on the section 35 commission last session or was session before it was before covid. I know. Um and uh the secretary the sheriff said, but I'm the only one willing to do this.

We're hearing this in boston now to but the secretary of Health and human services513 sent out and R. F. I. Or requests for information to behavioral health providers Western Mass. And asked if you were just out, we put the money and we were to put out a grant, would anyone apply? And about a half dozen behavioral health providers indicated they would absolutely step up. So it's really about The commitment recognizing that our commitment, recognizing that addiction is an illness, it's not a crime. We should, we should join the other 49 states and the nation and prohibit using correctional facilities for this kind of program. Uh And I I urged the committee support and I would really look forward to partnering with the committee uh to make sure that people who suffer from serious addictions get the right kind of help. Thank you so much.

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[REP CAPANO:] [HB2068] Thank you. Chair Madaro chair Cyr and602 the rest of the committee. Um Thanks for the opportunity to provide testimony in support of H. 2068. An act relative to overdose notification for prescribers I want to be able to handle handoff most of my testimony here. I'm going to be very brief to dr Andrew Kolodny who I can't tell is on here. I'm hoping he is. I think he is. But the goal of the legislation here is to help adjust and inform doctors opioid prescribing practices to the notification or patient overdoses and addiction claims. The bill would require any doctor has prescribed an opioid to a patient to be notified to the mass protection awareness tool. If a patient has died of an overdose subsequently treated for an overdose has admitted medical. Next idea of receiving prescriptions. This would be a feedback.

So there is automatic notification of a patient overdose to the prescriber. Doctors often end up re prescribing these medications because they are unaware their patients have overdosed or developed an addiction.673 Um So I would like to be able to hand it off to dr Andrew Pollak Qalandiya is a nationally recognized expert from Brand BRANDEIS University's opioid policy research collaborative. He spent cited in N. H. Articles and690 studies have been uh cited numerous times And he's appeared on National TV including 60 minutes and I'd like to hand this over to him and I'm privileged and very happy that he is here to testify. Hopefully right now
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[ANDREW KOLODNY (CONCERNED CITIZEN):]718 [HB2068] Uh you know, I do want to just say very quickly, my background does include um treating opioid addiction. I'm a physician who has specialized in the treatment of opioid addiction and it's that experience that I think has um makes it very clear to me why this bill will save lives. I think it can be difficult to appreciate at a time when illicitly synthesized fentaNYL is killing far more americans and people in massachusetts than prescription opioids. It can be difficult at this point in time to appreciate why it757 would be necessary to have a bill that would give feedback to prescribers about overdoses um and addiction. But it really is important something that I think is clear to many of you is that the vast majority of people dying774 of opioid overdoses, whether it's fentaNYL, heroin or prescription opioid or people suffering from opioid addiction. And it should also be clear that the vast majority of people suffering from opioid addiction who became addicted after 1996, the vast majority of them developed opioid addiction taking prescription opioids pills prescribed by doctors, which is why it's so important to give this feedback to the medical community.

Many of you might think that at a time when the opioid crisis is getting so much attention that doctors would get it, that they that doctors would realize that they need to prescribe much more cautiously. Unfortunately, though, many doctors really think that the opioid crisis has little to do with them. They think that it's about the bad apples. They think it's about doctors who run pill mills, or they think it's about drug abusers pretending to be patients. They don't think that it has anything to do with the care that they provide to their841 patients. And even though prescribing has started to trend in a more cautious direction, there is still massive overprescribing. So creating a mechanism for a physician to be notified when a patient has overdosed. Not only will that have an immediate impact on the patients that they're caring for, if they learned that a patient that they've been treating has suffered from an overdose that someone they can prescribed more cautiously to link to treatment, not just write them another opioid prescription that they can die of an overdose on. Similarly, if they learned that a patient has become addicted, that can have the feedback that is necessary for them to prescribe more cautiously.

A few years ago, a paper was published showing that Um 90% of patients treated for an overdose in an emergency room chronic pain patients treated for an overdose 90% of them when they went back to their physicians got more opioid prescriptions and when the public learned about this study because it got national attention, people were outraged. They said why would doctors keep prescribing to patients that had overdosed? And the answer to that, which I don't think was clear in the press coverage was that the physicians continue to prescribed to these patients because they didn't know that the patient had had an overdose and an addicted patient who is desperate to get the next prescription that they're addicted to is not going to volunteer that information. Which again is why it's so necessary to have that feedback? So again to give the feedback to prescribers will help patients who are currently addicted or at risk of an overdose and it will give the feedback that might result in more cautious prescribing if these prescribers learn that their patients are956 dying of overdoses or becoming addicted to their prescriptions that will help them learn to prescribe opioids more cautiously for all of their patients. So well thank you for the opportunity to share with you my thoughts.

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[SEN COLLINS:] [SB1265] Thank you. Chair Madaro Um Members of the committee Cyr um I have great respect for my colleagues. Rep balser are and Senator Friedman and they there were some important points about the need for bears I think are bill addresses that Um just at the outset, you know the the concept of section 35 civil intervention um which prevents people from getting records that follow them the rest of their lives. Um So you know as a as a tool to really um meet the challenge Melania cast and mass ob you know uh at a different time. I know I looked much younger than rep Madaro but we went to the same high school and uh we're not there at the same time but I took that right every day from Andrew Square down south Hampton street cross massage. BMC uh down Melania cast to rivals to the boston at school, The c. t. three um And it's amazing you know mhm. What's happened down there and I think um you know the people that are going to be testifying today I think speak to how this is um brought people together in the city around a common cause and it's really trying to find the best solution I want to thank Mr Tompkins who is going to be speaking with us in a minute we really is still has really led and stuck his neck out on this in a very challenging debate, but one that's um, prioritizing humanity and compassion.

Um, as someone who has a loved one that suffers and has been down there for three years on and off, has been a struggle with sobriety. You know, I know how hard it is for um, you know, families and we're gonna hear from some parents and a bit who have been struggling uh, to make sure their loved one is, you know, home or safe. Uh, and right now with um, uh, the lack of beds in the Suffolk County. So we talked about, we hear a lot from city officials about, you know, we don't get enough support from the state and that, you know, we always try to get most support for the state, but when you have zero adolescent beds in the city on the1132 Suffolk County, when you have zero adolescent and a couple of dozen at static hospital for women that are going to close clock's tickin, they're not getting replaced at the BMC campus. We have a daunting task that requires us1147 to be creative, prioritize compassion, a civil solution. I think this bill does that. Um, a here today while allowing um, both if somebody has an overdose on any street, but whether it's prevalent, particularly down here at Malia castle massage happening 24 7. That's a cry out for help. We're sending public officials to intervene, hopefully to save them.

1171 We save them then right now we're saying to them, uh, we believe you should E. M. S. Or firefighters or whoever brings them back to life could be uh, one of the sheriff's employees. Um, you should go to the hospital, but you're free to make your own decision And people go back and they end up over those twice or three times. You're overdosing more than once within a 24 hour period, you're probably going to die. And that's what we're trying to invent death. Um, and so I think what we're approaching is and the civil perspective is incredibly important because these are people where that our loved ones that are sick and we want to get into treatment that's going to serve them. And because of the lack of availability of beds, We're not instead of 90 days of sobriety and treatment supported by our facilities, we have three1220 weeks. Why? Because we have circumstances like the largest counties in the state has no beds. So that has to change and we have an opportunity here I think to uh, partner with one of the most progressive leaders we have in this space and I do want to um introduce and I have to share his thoughts Sheriff uh, in Suffolk county steve Tompkins,

[STEVEN TOMPKINS (SHERIFF SUFFOLK CO):] [SB1265] thank you senator. I want to say hello to both Chairman's here and Madaro and everyone on the call. Um, I understand with what browser is talking about. I get that. But I also must say this upwards of 60% of the 1000 or so uh individuals that I have in my care and custody here at the Sheriff's department suffer from some form of substance abuse use. Uh We have we in corrections have had to spin out full blown mental health and substance abuse themes primarily because there aren't enough beds outside of a correction facility to service these people. If I had my druthers what I prefer that they go to a health facility. 100%. Absolutely no doubt about it every day and twice on sunday but the beds aren't there And if someone does something on towards because they may have a mental challenge or they are trying to feed a habit get sent to jail and I'll be the first to say that they probably shouldn't be here.

That said once they're here we can give them the care that they need. Uh I think that some of you read in the news recently that I offered one of my my facilities to serve as a temporary um treatment center to have people get off of mass and cast get a bed, get a shower, get a meal close mental1332 health, mental health health substance abuse help and actually work with family reunification. Um There was something we're in favor of that1340 some pushed back against that uh Some of you also know that we've had a couple of people pass away in my facility. This this past summer. What people don't know is three of the four people that passed away. We're only with us for less than 48 hours. They arrived at our doorstep very ill, very sick. They were going to probably pass away no matter where they were. But one of those individuals was a a woman of Section 35. Now what happens with section 35 um the sheriff's departments are the uber drivers for the courts. And so we were taking this young lady to where she was going to go. She arrived here with us in the afternoon.

We wait for the courts to close and then transport everyone at one1390 time. So I've got five or six people on the Worcester or Springfield or taunton. We don't make five or six individual trips because that's a vehicle and two officers each time. And so while she was waiting she passed away. Here's the problem with the section 35 law that went into effect for women. If there's someone in my facility no matter how they arrived here, whether they're waiting for transport or not. If they are deemed to be1415 a civil commitment commit, I cannot give them a physical, I cannot give them a medical examination. And this was the case with this young lady. We are prohibited by law from doing that. Everybody else that comes into my facility gets medical and if we were able to do that, we probably would have detected that she was going to be in or in distress and we would have gotten either to my infirmary upstairs in the same building no less.

All across the street to boston medical center but the law said I couldn't do that and unfortunately she passed away so I'm in favour of what1452 senator Collins is trying to do to help people get clean and sober as best we can. I fully realize that we're not going to save everybody. I fully realised we probably won't save most people but I think that you know we are brothers1467 and sisters keepers. I think1469 it's incumbent upon us to at least try good or bad. I do run a correction facility but I also have the resources and wherewithal to help people until we can get them to health care facilities. So I won't take much more time. I don't want to belabor the issue but I'm in favor of helping our fellow citizens as best I can and if that means that help is that a correction facility.

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[LINDA DORCENA FORRY (CONCERNED CITIZEN):] [SB1265] Nice to see you too. Good afternoon everyone. Um It is great to see so many familiar faces um and really an honor to be here with you all1530 to be able to talk on this issue. Um I want to thank Chairman Madaro and Chairman Cyr and members um of the joint committee and members of this committee for being here and for listening. Um I'm here in support of Senator Collins, my state senator um you know his legislation that's looking at life saving treatment and I just wanna kick off and say you know I represented um this area that everyone is talking about when I was a state senator like Senator Collins does now a lot has changed um in those years. Um I have to say that everyone is coming to the table. It's how do we think out of the box together on how we can bring the support um that is needed for people that are on our streets right? And so now I work for Suffolk construction um right here in the middle of mass and cast um Vice president here and I've been here for almost four years and so we have been working with our elected officials, Senator Collins, Senator steve, you know Sheriff steve Tompkins and so many right in our business community and more importantly our residents right there are people and families and Children that live right here in this community.

We talk about access and I've seen you rep Balser um and agree with you to write. So there's a short term and medium term in a long term. We know that long term. Yes, we need the state to open facilities that's going to deal with addiction and treatment from the jump. We need our state 350 cities and towns in our great commonwealth, boston is one city and I can tell you right here in the middle of it, all Over, of the people that are on our streets are not from the city of Boston, right. They came here from other communities around the Commonwealth. They came here from the Cape from from Berkshire is right. They came from all over and so they end up on our streets and there's serious destruction that has taken place. Um for those who have not been, you know, you can read it, you can see pictures, but then when you come down to Southampton and Atkinson and Pearson where people live and businesses are trying to thrive. But you know, folks are here trying to get by, you can see for yourself what is happening day to day.

And I think that I understand1674 I see council frank baker, thank you for your leadership and all that you've done. So I also served on the mass and cast task force that the mayor have put together a task force with councilor baker and so many others to look at how we're going to start talking about this issue of homelessness addiction trafficking that is happening on our streets right in these tents, this is real. And I'm saying Roxbury cannot continue seeing people shooting up with needles in their arms and needles in their neck. Roxbury cannot continue seeing women being trafficked on are streets behind U haul trucks, okay to get it so they could get paid to continue their habit. Roxbury cannot continue with our amazing nonprofits across the state. Love you guys, continuing bringing tents on Southampton Street for people to set up shop. It is not humane what is happening on our streets. Just the other day, we did a walkthrough and I want to thank Chairman Madaro for coming down here, right? I want to thank Chairman Cyr Senator Collins came down with Senator Cyr we have an incredible electives that represent this area. Rep Miranda Representative dr Santiago you know, rebel, you know, everyone was down here, right?

And so when we're there in this space and you have public health teams and I want to clarify this1761 because there's some confusion. People think folks are just getting locked up there are public health teams that are underground in these tents we've provided, you know, tubs so people can put their stuff because we recognize the homeless people on the street, whatever they have, that is all they have with them and we want to make sure that they're able to keep that. But if we're talking about humanity and caring, then we cannot allow folks to just be in this condition in the street When we were out there. We're with the superintendent, you know, in the police department and you know, before we got there, you know, a woman came up to them and said, listen, I was just raped and this is real. This is what's happening. I was just raped. And the officer said, okay, where did, where was it? I don't remember which tent, I don't remember which tent I was in. This is what's happening in our streets. And I think to have Sheriff Tompkins come up with an idea of saying that I have 100 beds.

That is set up like a dormitory That people are going to have a place to lay their head in a room warm place1834 when we talk about Boston and we talk about the 30° weather or the 40°. We all have experience waking up in the morning where people can get food where people can get the support that they need. It's important. We've reached out to the state and I think Governor baker and secretary mary lou centers, everyone agrees public health, you know, giving the treatments, they're going to be in it to, right, But how do we think about this differently? There is a place where1864 people can go to get the support that they1867 need. Yes. It's not just the 90 days in prison. We know that it takes longer to detox right right now. Section 35. It's like three weeks in prison and saying, Oh wow, we're gonna detox someone, no ones detoxing 14 or 21 days. We know that's not real. So to be able to have someone in a place for three months For 90 days and not to just keep them there, but 90 days of true detox of true therapy.

And then to think of the continuum of care Because after 90 days they have to go into a supportive housing situation where they're going to get the mental health support, the therapy that they need because the folks1910 on mass and cast our peoples, Children's mothers, daughters, brothers, fathers, right? No one wants their relative to be on mass and cast. But addiction is real. This is an addiction, right? Addiction is a crisis. And I think you said that ruth, right? I mean, sorry, Representative Balser, you know, no one is saying1933 it isn't. But to say that, you know, when ideas come up, when people are trying to think out of the box that they're going to get shut down, then what is the solution? And so I do think, you know, to look at this legislation The lifesaving treatment and how do we allow people to have a space and a place for 90 days as we think of Representative Balser and everyone else the long term that has to1960 happen with that recovery, right? The long term that has to go with treatment because it's not a one and done. And how do we start thinking about treatment differently because we hear methadone, we hear Suboxone, it's fantastic. But there's also Vivitrol, Right? Which is a monthly shot that people are administered that blocks the neurons for craving drugs.

I used to serve on the Special Committee on Section 35 rebels of the committee you're on. Right. And so that is a real thing. How do we start thinking differently if we could block the craving and deal with the trauma that our folks are common with massachusetts? Residents have been facing before they ended up at mass and cast folks have experienced trauma, serious trauma. And so how do we get to the crust of that? I say it's through this life saving treatment legislation and it's a short term peace until we figure out the long term until we figure out getting our partners and thank you chairman really for coming down, you know, to mass and cast for seeing this firsthand2028 until we get our partners across the commonwealth to say this is not just the boston problem Because it's in Roxbury, this is a Massachusetts problem. And it's always been a Massachusetts problem. If you speak to Lindy a downing who runs Pine Street in over 56% of the people that come into Pine Street in from other parts of Massachusetts. And we love everyone, we love everyone in this city. But we cannot shoulder treatment for the whole commonwealth just like boston cannot2060 shoulder housing affordability for the commonwealth of massachusetts. And so I just want to thank you all and I hope that this legislation that does get through the committee,

[REP MADARO:] Thank you senator appreciate your perspective on this and I have to say that2079 was an incredibly eye opening and heartbreaking2082 experience to tour mass and cass. Uh, and I agree that this has to be a solution beyond boston because what we learned Was that you know 60% of the folks there are not from Boston right? But again, thank you for your time and to continue with other panelists. I believe we have boston city councilor frank baker who here to testify.

[FRANK BAKER (BOSTON CITY COUNCILOR):] Thank you. Chair Madaro and also chair chair fair, thank you both2111 for coming down and looking at the travesty that is that is Atkinson street in Topeka street. I want to pick up on a little bit of what the what our good colleague linda linda Forry was on, she was talking about short term, mid term and long term right now for short term we have assets that we can repurpose and we can put health care professionals in there to take care of these people were faced with taking people off the street that haven't lived in society in years depending on how long they've been, they've been shooting poison in their, in their veins. So we're faced with putting them in temporary hotels and temporary housing instead of having them Having them commit 3-4 months of treatment and I'm not talking about against their will, let's get them to sign to sign on the dotted line. Do you want all your warrants to go away? Do you2161 want, do you want help getting to where you need to be next? We can have2165 them sign a commitment. Yes, I will make this commitment to society.

I will make this commitment to myself and to my family and that first that first introduction in needs to be 3-4 months long and then we're able to deal with people with people. After that. I'm here to support my good friend nick Collins in on this here and as far as assets are concerned, the And we're speaking, I'm speaking about the sheriff's assets. We have half, we have half2193 empty jails, We can call them whatever we want to call them recovery centers. If we want to call them, let's remove the bars, let's take the uniforms off off the people that are working in their. But Tompkins Sheriff Thompson spoke about it already, 90% of the people that are in his custody are there for one reason because of drugs and alcohol and I2215 would think that the same percentage of people who have warrants out on the street talking about Atkinson street, Topeka ST, I would think that that number has has warrants that that we could legitimately go in and arrest them and put them in there but instead I think that if we do it, if we do it in a compassionate fashion and and there's dialogue back and forth and allow people to come inside.

I mean you're looking2239 at people that they probably haven't taken a shower in months, haven't had a good meal in months, haven't been warm in months and we think that we think that we should fight to allow them to stay on the street. People are gonna start freezing to death shortly. So I uh to circle back um I want to support my good friend Nick Collins, I want to support the sheriff's, the sheriff's um facilities I believe with the brains that are in this room and that are on then are on this call here, we should be able to figure this out but we need help from the state. Let's use the assets short term that we have right now and I think you'll see that we will be able to build them into build them into long term solutions but it needs to start someplace we in the city2285 of boston and this is my district, we need help. Thank you. Uh
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[ERIN MURPHY (BOSTON CITY COUNCILOR ELECT):] [SB1265] thank you thank you to the chairs to read Montara and I'm here in support of my senator Nick Collins, I am to introduce myself also, I am the newly elected city councilor at large and a strong advocate for mental health and recovery services. So I want to reiterate my commitment to working with my colleagues in the state house to make sure that you know, you understand that I will work with you. But2325 I have um I understand the public health crisis on mass and cast and that it's not just a boston crisis which many of us know I've been down at mass and cast several times, but not just during this campaign since the2338 Long Island bridge closed in october of 2014, I had a loved one on Long Island who was put in a2344 cab and taken off of the bridge and we know that many people that night never found their way to recovery.

I was fortunate that my loved one did. So I've been a strong advocate in the mental health and recovery world since then, working closely with the office of recovery services and also with the Galvin House. So I do have a strong understanding of what's going on down there and I can tell you the way it looks today is not the way it looked in October of 2014, it's not even the way it looked even three months ago. what's going on down there is we cannot ignore it anymore.2378 I know that linda door Sena for he had mentioned it. But if you go down, you do see that there's open sex trafficking just the other day I saw many people with needles in their neck. Just people are dying so we don't have beds to provide what we need to provide for these people. And although I would prefer a hospital setting were not in a position at this time to be picky.

We can't watch people die while we're waiting for beds. So we definitely need to be creative. We need to work together and like Sheriff Tompkins has said he has an asset. He has beds And I know as a schoolteacher for over 20 years, as long as you make the place warm and welcoming and provide the support you need that it does. You can call it what you want. But as long as we know that we are providing the services those people down there need then it's important that you know that I'm in support of this and on the city level that I will be supportive like my counsel, my counselor frank baker colleague is so thank you for letting me speak.

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[PAULINE O'HARA (CONCERNED CITIZEN):] [SB1265] Hi thank you for having me. I'm here today to testify2525 on Bill 1265. I feel it is imperative for parents and first responders to be able to petition the court for section 35 24 7. In order to petition the court for section 35 1 must wait till the courthouse opens once a section is granted. It is only valid when the court is in session Alex are in danger 24 7, not just when the court is open. I am here today to testify on Bill 1265 because I know how important this bill is to so many mothers caretakers who are desperate to save their Children from harm due to the substance abuse. It is also important to for first responders who have to respond to calls and you know there is no way to save these addicts from harm in the moment whether2574 is during the day on a weekend or holiday on the middle of the night. This bill will be life changing2580 for the attic. Family2582 members first responders and our society in general.

I know first hand I am the mother of an addict. I was granted a section 35 on a Friday But the order was going to expire at five p.m. that day. My daughter was located at 55 that day but it was too late. The auto had expired. I was told to reapply monday morning. This is not acceptable. My daughter might not have survived until monday morning. I am here to share with you what happens when a section 35 is not available? 24 seven one word overdose2625 overdoses do not wait for the court to open, overdoses happen weekdays and weekends. Morning, noon and night. My daughter overdosed the sunday after her section of spying on friday, she needed several knock ins in cardiac arrest rest solicitation to bring her back to life.

But you know what happened? She walked out of the hospital and went right back to the streets to get high again. If section 35 was available 24/7, my daughter would not have overdosed on Sunday because she would have a place in the facility on Friday night. A section 35 could be attainable like a 209 a after court is closed. In regards to a to a nine A a judge is on call when court is closed. Why can't a section 35 work in the same manner with the judge being on call after court hours and on weekends a judge is called by phone and asked questions and grants the petition.

Each side Then has a court date when a judge issues a two or 9 undoubtedly saves lives. More lives could be saved. If a judge on call could issue a section 35 after court hours and added could be held until the next court is in session. This saves lives. Both of these petitions saves lives and should be treated in the same2716 manner. We need to start saying like the Section 35 and not making A section and not make the section 35 which is supposed to help2727 someone who was in serious in your help from the substance abuse disorder, ineffective as it is with the current court practice.2734 Thank you to serve the needs of individuals who are section. We need facilities. The state must address this issue now sooner than later. If adequate facilities are not available, people will die. We know that Long Island is not happening soon but we do know the state sheriff has empty buildings that could be news. We must utilize these buildings to help with this crisis.

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[CATHERINE ETTER (CONCERNED CITIZEN):] [SB1265] Sorry I2772 am had a little issue trying to unblock it but I just have a piggyback on2778 napoleon is is Katherine Esther from Wareham2780 and I'm here to testify in support of this bill to provide the 24 7 we need this support. I'm part of bam Z as a parent and um, as a adoptive mother also of a child of somebody that was on the street and so forth. And it's a 24 7 issue and I'm in massachusetts and I think it's a one state and I would be grateful if we can do anything and even if I can help to be part of that change also. So thank you so much for this meeting for going on the streets for going in the jails. I've been at the Bridgewater State, I've been to most of the other ones to see people and we really need the 24 7 um, in our communities for this support when it's needed, not, you know, three days later and they're already dead. Thank you.

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[COLLINS:] [SB1265] Um, I know that having trouble getting on to send the same message, but um, if I could, um, I just wanted to also be remiss if I didn't thank the District Attorney Rollins and Mayor jane who have, who have stepped into, you know, leaning on this, um, just today, by the way, as this communities coming together, um, did business, um, districts, they haven't in different parts of the city and they have one downtown. So, so the new market Square communities trying to take ownership of this to Israelis declined to support the city. That's putting so many research into cleaning it up. But as a former senator for you had mentioned, this is a public health response.

I just want to thank the public health professor who are putting themselves at great risk and harm to help people doing what they love. But along with our public safety officials in the2907 justice officials to2908 try to try to, you know what I think, and I believe that they are seeking a civil, um, solutions to the challenges, how we're using assets and what what path people are taking to get there. And so this legislation is a, and I just, we have to narrow is going on here. One is the people of the state that is sending on Masters Avenue, technically it's their avenue to, because it's Masters Avenue, but it's, um, it's a dynamic that's playing out. But the other part is We also very few state funded section 35 beds in Suffolk County. So we're not, we're not, um, we don't have the beds in Suffolk County, so we're not accommodating here.

So that, that's what I think the state can play a major role2952 in this bill can, um, uh,2954 accommodate, but it's a great way of putting it, um, an on call justice to be able to do these interventions, um, when a circumstance plays itself out like that. Uh, you know, multiple overdose, uh, settings can be prevented. So civil use a civil intervention, not criminal, I think could be transformative um and uh civil solutions challenge, but I do hope um if others come they can continue to weigh in and and thank you for the opportunity to speak on this matter. And I ask that that will be uh reported favorably.

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[REP SULLIVAN:] Yeah, sorry, Mr chair, I mean I know that I got3075 bits and pieces and I do apologize, my internet is somewhat spotty. Um has there been any conversations with the judiciary branch regarding um those kind of hearings, whether or not they're in support of it against it, just out of curiosity

[COLLINS:] uh if I may on the on the matter, the court officials have been incredibly cooperative um, from the district courts all the way to the book courthouse. So I think you know if um, if you were aware that there will be resistance to that, I mean I think we as one of the speakers that point to uh, The 209 a um standard and so if you're saving the life, I think they feel um the same way. Yeah.
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[REP BALSER:] Thank you. Mr Chairman. I'm very glad I stayed on the call because this issue is so important to me and to everyone we just heard from. But I, because so many of my3173 good friends and colleagues referred to me and to my legislation that I have filed along with Senator Friedman I do appreciate the opportunity to take a moment to comment.3184 Uh, so a lot of the conversation from the senator and the former senator and the sheriff was about mass and cast uh, which I didn't mention specifically in my testimony. I do want to share with you that I have been to mass and cast my reaction to. It was no different than yours. It is heartbreaking. Please know that I am by profession some of you do know I'm a clinical psychologist, I have spent all the years that I've served in the legislature working hard to improve and increase access to mental health and addiction services. And I would not want3226 anyone to think that the legislation that senator Friedman and I have filed is built on anything other and wanting to make sure that the people who suffer from the challenges of mental illness and addiction get the best services available.

Um, uh, what I am concerned with is when folks say, we agree with you, rep balser are we too wanted to be the health care system, but there's just no beds, you know, and the sheriff, you know, he's a good guy and he is a good guy. Uh, you know, he's got the beds and I have a couple of responses to that. I mean my first responses if we found out that we had a shortage of cardiac beds at all our hospitals, would we say let's put a cardiology unit in the local hospital because you know, they're not detaining immigrants there anymore and they've got these beds, we wouldn't do it because we know that heart disease is a disease and we wouldn't think the solution was to set up shop in a jail. We know that we need to expand our3298 health care facilities an addiction is an illness to and with all due respect to all of the people who just no one wants Moore for the people who suffer from addiction and from the people who are homeless and have camped out at mass and cats. No one wants Moore then the right services and housing to be provided.

But what we learned when the legislature prohibited sending women to M. C. I. Framingham was the state set up new programs. They set up programs so there were enough beds for the women. They didn't just say we're not3337 doing it at M. C. I. Framing him anymore. So you know, you're going to stay on the street. The state set up new programs. What I think senator Friedman and I are suggesting completely explicitly in the legislation is that an adequate number of beds needs to be established across the state so that everyone has access. No one is disputing the importance of section 35. When I hear from family members and I've heard from many family members. I've heard from many people have been section themselves that it can be a lifesaver. We're just saying that we need3377 to do it right. We need to build a system of care. Um and I just wanted to add one more comment because the sheriff talked in a very compelling way about all the folks in his in his custody who suffer from these illnesses.

I have other legislation doesn't come to this committee goes to judiciary that the sheriff in Hampton3400 County reached out and has common ground with is an active supporter of which requires that every person with addiction in the county and state prison get addiction services. And so I applaud him for wanting to provide people where there are churches against and their in his shop to give them services. But what I do object to is people have been civilly committed who have not committed any crime, their suffering from an illness. I don't think they should be sent to jail, no matter how much we spruce up the jail. Uh you know um it's still in jail and I really want people to get the health care that they need and deserve. And I will partner with all of you and I know Senator Friedman will as well to build that system of care so we don't have to send people to jail. So thank you mr Chairman very much for letting me speak again.

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[COLLINS:] Yes, thank you. Um So uh rep Balser thank you very much for your testimony and compassion. I know you take this very very seriously and you know it's the comparison of the cardiology, get the illness and how you treat the sick. You know the same approach. Um You know the different specialties. My wife's geriatrician. So you know her specialty there, I would I know what you're trying to get out. But the comparison I think is sort of apples and oranges where I'm thinking about a cardiology unit that's overrun old sick people. You need to help people who are just sick versus sick people were also in and among um as part of a prostitution ring, needles are probably the safest thing that are going on down there. Thanks to a hope. I mean, literally the safest thing going down there, the needles. Um, so you have, You have to use an old phrase, you have pimps that have multiple warrants, like 10 warrants in multiple counties, terrorizing people down3528 there.

Those people do have to go. But the majority of folks and a civil capacity, um, the building and I know people will get haunted haunted by the idea of building, although, you know, uh, the Liberty Hotel was once a jail transforming a facility. And as as this calls um for entering entering into agreements. So it's not necessarily just saying everything, you know, with the sheriff's um interventions around those folks with warrants, criminal warrants that the court um, sees is important to um, intervene on for the safety of everybody. Um, this differently, the proposal before us today talks about Um, the ability to enter into contracts with section 35 programs. So, you know, the one that I3580 talked about that's over at um-shaddock. That's going to close very, very soon.

We'll just bring back were zero females, zero for adolescents and very little for women that are about to expire so that, you know, in the last time, um, check the real estate values, you know, the commonwealth acquiring an asset inside the city at a level of scale that were required. It's totally, you know, outrageous. Whereas we have some, um, the Lindemann Center, which is being looked at for other purposes, Shattuck a long, long time. We're talking gaps of time, a decade maybe before we know what's going to be housing the Lindemann center3616 long term. How is that Shattuck long term if you ever get to, uh, Long Island. So something that we're required to do is act in a short term long term capacity. So that's what this really speaks to. And I appreciate your thoughts on that.
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[BALSER:] Well, I guess there are two different points. I mean, one is, you're pointing out that there are some people at the Mass and Cass encampment that actually are or have or arguably have committed crimes and the legislation that Senator Friedman and I have filed and I know the senator will probably be testifying today as well. We make clear that we're not prohibiting men who have criminal charges from, uh, from going into3664 the criminal justice system, that distinction. We are simply talking about those people who only have a civil commitment. So in terms of the people who are predators and are preying on these sick and homeless people, you know, I understand that's a matter for the criminal justice system.

Our legislation is about civil commits only. Uh, and then, you know, when you talk about, you know, I'm with you. When you talk about the lack of beds and the lack of programs. The question is how do we make that happen? I mean, I call on the governor. I mean, I, I mean, I don't from my point of view, I mean I represent Newton. I don't see this as3702 only a Boston issue. As you pointed out. People from all over the state Come and are encamped. I call on the governor. You know what we learned on the Section 35 Commission was, you know, as I mentioned in my testimony earlier, we had a sheriff who came forward and said he was the only one in Western Mass willing to provide these services.

And secretary Marylou. Sudders sent3725 out a request for information to behavioral health providers in the Western part of the state and no fewer than a half dozen behavioral health providers stepped up and said, sure, you know, if you, you know, you put out an appropriation and you put out an RFP, we would step up and do that. I'm calling on Governor Baker and and Secretary Sudder who had, was the voice for that on that commission to, you know, work with the legislature make the appropriation. I mean in Boston, I said this maybe some of you read my remarks you know, when I was down there in front of the sheriff's shop, we're surrounded by the best hospitals and the best behavioral health providers in the world.

I call on the administration to put out an RFP, but to the appropriate people. I mean Sheriff Tompkins himself said in his testimony, he would rather it be health care people do it. Well, let's make that happen. Let's let's build a system of care now for for these folks.

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[SEN FRIEDMAN:] [SB1285] Thank you very much. Mr Chair and to everybody and I3817 had prepared testimony. You've heard about the Section 35 bill. Um, you know what we're trying to do and I don't want to go through that again. Um, listen, I, as a parent of a3830 very seriously a3831 child with a very, very serious mental illness, I know what it is like and3836 what it means to have a child who is so desperately in need. You will do anything to get that child the help that you that they need and I get that and I am incredibly respectful of that. Um, and you3852 are all doing every single thing you can and you are trying to figure out every possible way to um to address the problem that's before us in Wilson Cass.

And it represents a lot of what's going3866 on around the commonwealth in terms of people being able to get access to treatment. Here's my concern. My concern is that when3876 you put anybody into involuntary care for substance use disorder, it's a real long shot that you're going to be able, that that person is going to be able to respond. Involuntary care is very, very difficult for people. When you add anything that's max of a criminal justice, jail or prison meilleur around that you are even making the odds harder. And I just I, you know, honestly, if, if the sheriff could provide us, I'm sorry, there's weird things going on on my screen, but if the sheriff could provide us the space and say here, open up your civil beds, that would be one thing. Okay.

But who is going, you know, how are we going to ensure that those people are only dealing with health care workers. And my worry is that we allow this to happen and we just continue to allow it. It's it's the it is the way that we're going to start to do business. Um we're going to start allowing all of our sheriffs, a lot of them have a lot of empty space because people are moving out and we're trying to get people care and they don't belong in a house of correction. How are we going to stop every sheriff from starting their own substance use treatment facility. And you know what I am, I am opposed to that.

I am deeply opposed to anything that3974 has to do with the department of corrections or the house of corrections being the providers of substance use disorder care. And so that's my issue. If you can guarantee me that this is going to be something that's incredibly short term. And we're going to put people in these rooms and they are going to be treated only by healthcare professionals and they wouldn't even know that they were as part of the Suffolk House of Correction. You know what I'd say? All right. But I am so deeply concerned that this is going to be the way that we're going to start treating people with substance use disorder. Many, many of which have mental health conditions and we're going to be back to criminalizing people who are sick.

So4019 I don't for one minute question what you're trying to do. I maybe not even stand in your way because this is an emergency and we need to do everything we can. But hey, how about safe injection sites. Right. How about setting up more access to outpatient treatment. So people go, so providers go to you instead of you having to come to them and prove that you've got insurance and you've got and you can get through all the barriers to get help. We need to do everything now. Everything nothing should be left on the table. So I'm going to continue to push the Section 35 bill and make sure that men get healthcare and don't get criminalized. But man I respect you and every single thing you're doing to try and address this4066 issue and to take care of people. So thank you all.

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[COLLINS:] Yes I just want to say thank you to uh send a Friedman and um you know I've learned a lot from her over the last few years on this issue um and I appreciate your openness and I agree with you I mean you guys have a lot on the table. I think there's um uh an option that you could be comfortable with here that the legislation allows for an understanding that you have some concerns about how others have. And I know the differences with the Hampton County although um I know they have had4106 some great success out there that the proposal here would be different as it relates to you4112 know the availability of them to use in Suffolk County only.

I understand that it could have an impact other you know in the future if passed but Suffolk County and the reason why that was is because of the shift in um uh the usage of the facilities as well as we don't have any beds in Suffolk County. Um And so I mean I know the sheriff's still on, he can probably share with you some of these thoughts if you have any further questions for him but thank you very much. Uh Senate Friedman for your compassion and your willingness to be open.

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4160 [TOMPKINS:] Senator Friedman Hello good to see you and good to see you Rep Balser um in so far as the care that people receive um all times at my facility it is by healthcare providers. I have a full blown medical team here I have a full blown mental health and a full blown4179 substance abuse team as well as other doctors and for the initiative that we've been talking about with Mass and Cass we're working in combination with MassHealth and Wellpath. And so any of the individuals that come to us from Mass and Cass are going into our facility, we're going to be involved with some of the casework but most of the medical treatment is going to be done by Wellpath and MassHealth and that is something that was discussed with the governor and Secretary Sudders. So I just wanted to let you know that it's it's not corrections officers that are are doing this work with people that need health attention. It really is um medical professionals I just want to let you know that.

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[SARAH BAGLEY (BMC):] [HB2066] [SB1285] Um so good afternoon, thank you so much for the opportunity to testify today4266 in support of an act ensuring access to addiction services. My name is Dr. Sarah Ba and I'm a board certified in pediatrics internal medicine and addiction medicine. I'm an assistant professor of medicine and pediatrics at the Boston University School of Medicine and attending addiction specialist at Boston Medical center or BMC. Director of the Centre for addiction treatment for adolescent and young adults who use substances at BMC and faculty at the BMC Grayken Center for addiction.

In my clinical work. I am privileged to care both for youth who use substances and adults admitted to BMC with substance-related medical complications. I've worked with multiple patients over the years who have been4307 involuntarily committed to treatment under Section 35. I have significant concerns about the irreparable harms and trauma that are perpetrated in correctional environments and urge you to end this practice. When an individual is sent to treatment under Section 35, they have been designated to4321 be a significant harm to themselves and that harm is directly related to their substance use. There's an obligation to ensure that the treatment they will receive is based on the standard of care in the medical community and is non traumatizing those evidence based treatments, including medication for addiction treatment and psychotherapy.

And become and because many individuals with substance use disorders also have co-occurring mental health disorders. Treatment of psychiatric disorders is also critical yet by sending men who have been committed under Section 35, to correctional environments, we are sending a clear message to both those individuals and also the greater community that it is acceptable to criminalize substance use and treatment of substance use disorders. As a provider, I have had multiple conversations with patients who have been sectioned and sent to these environments. My patients report substandard care and unhealthy environments.

It's clear to me from their stories that their experiences cannot be distinguished from incarceration4382 and this has of course been highly traumatizing. I understand there is some support for certain Section 35 facilities in Massachusetts. However, that cannot distract from the fundamental issue that mandatory treatment of substance use disorders does not belong in correctional settings and should be moved into settings dedicated for addiction treatment. There is no other disease where we would propose individuals be sent to these settings and the fact that4414 it continues demonstrates society continued stigma towards individuals with substance use disorders.

This act would ensure that people who are committed to treatment under Section 35 would receive the treatment and the setting intended for addiction care and disallow the continued message that people with substance use disorders deserve any less than high quality medical care and environment intended for such. I urge the committee to report this bill favorably as soon as possible. Thank you again for the opportunity to testify today.

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[TYSHAUN PERRYMAN (BMC):] [HB2066] [SB1285] Chair Cyr Chair Madaro and members of the committee, thank you for the opportunity for me, my colleague from Boston Medical Center to testify today and be in support of an act ensuring access to addiction services. My name is Tayshaun Perryman and I am a recovery coach with BMC's Project Chorus and a member of MOAR Massachusetts Organization for Addiction and Recovery services. Project Chorus is a research study that measures the effectiveness of recovery coaches as an intervention to prevent people who inject drugs from contracting HIV. As the recovery coach, my job is to take my lived experience and break down the barriers that people with substance use disorders face on their recovery path.

I've seen successful interventions what successful interventions look like inandvoluntary commitment to treatment in a prison or jail is not one of them. My experience with Section 35 is deeply personal. I had to petition for a Section 35 commitment4519 for my own4520 father after his issues with mental health and substance4523 use grew out of control. As a family we face the stigma of sending a loved one into captivity against their will, a stigma faced by others in the African American community who want to get help for their family. Filing that petition for my father was the hardest thing I have ever done in my life.

In the courtroom I remember looking at him as he experienced shame, bewilderment, bewilderment and nothingness at the same time knowing involuntary commitment to prison was not the answer. He was supposed to be there for treatment, But instead my father a 65 year old army veteran lived in a cell under the supervision of prison guards under the supervision of prison guards. He even had to spend a large piece of his Social Security check to make expensive phone calls. He was not treated like4582 a patient. He was treated like he was guilty of a crime. Being treated that4589 way. Did not help him. Did not help him. He relapsed in two days.

Commitment in prison or jail is psychologically counterintuitive for black men who are already victimized by mass incarceration and do not experience a feeling of rehabilitation in a prison environment. Prisons and jails are not the place we will send a patient with any other disease besides addiction. So why do we keep doing it? These bills would change Section 35 so that other people who need help and are under the law do not have the same experience my father and as my father and will receive the care that they need outside of the prison system. As a recovery coach and as the son of a man who was not helped by the Section 35 as currently written I urge you to report bills favorably out of committee. Thank you.

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[DEB GOLDFARB (BMC)] [HB2066] [SB1285] Good afternoon chairs and members of the committee. Thanks for your thanks for the opportunity for me and my colleagues from Boston Medical Center to testify today in support of these bills. I'm Deb Goldfarb the licensed independent clinical social worker and director of behavioral health within our population health department at BMC. I worked closely with the Grayken Center for Addiction and programs across our health system4685 on better meeting the mental health and4688 substance use needs of our highly impacted patient population. I'm also part time faculty at Boston University School of Social Work.

In 2016 I had been working at MCI Framingham for about a year as a mental health professional. I witnessed women being sent to prison on Section 35 who did4705 not receive adequate addiction treatment and were negatively impacted by the correctional environment which is punitive in nature, highly traumatizing does not foster a sense of recovery. Both correctional and clinical staff were unable to meet the needs of these women. Later that year, the Baker administration prohibited the incarceration of women4725 on Section 35. Alternative placements were secure to provide women with more comprehensive trauma informed treatment through DMH and DPH. Today we are asking you to adopt the same change for men who4734 also deserve treatment4735 outside of correctional settings.

During my time at Boston Medical Center, I have worked with countless men who have been Section 35 by medical providers, police or family and were sent against their will to correctional environments. Overwhelmingly these men have suffered inhumane treatment, insufficient care while in these facilities and quickly relapsed post release. Perhaps even more damaging was the loss of trust in the addiction or medical community after this occurred. Sending males to correctional facilities for treatment is not only ineffective, it is damaging. Comprehensive substance use treatment includes individual counseling with trained addiction specialists, evidence-based therapy, medication, assisted treatment, case management,4775 and mutual peer support.

Yet correctional settings like those where some men on Section 35 are currently being sent. Do not provide all of these core components of addiction recovery. Many individuals with substance use disorders have co-occurring mental health needs such as trauma histories, depression and anxiety, which often go unrecognised and untreated sufficiently in these settings. Overall imprisonment is an unhealthy and inhumane environment to send individuals for treatment and the environment itself can exacerbate symptoms of a substance use disorder or mental illness. Within correctional settings security will always take precedent over recovery. As you'll likely hear today there are necessary debates occurring in the medical community about the ethics and efficacy of involuntary substance use treatment. However, as long as Section 35 remain an available option, the potential incarceration of patients with SUD should not be on the table. We urge you today to listen to the addiction experts and those with lived experience and report4833 these bills favorably out of committee. Thank you.

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[BONNIE TENNERIELLO(PLS):] [HB2066] [SB1285] Thank you. I'm Bonnie Tenneriello from Prisoners Legal Services. Thank the chairs and thank Representative Balser and Senator Friedman for their leadership. For decades. Our state has recognised that incarcerating people just because they have a disease4915 is wrong we're the only state to do it. And it's inexplicable that we continue to to fund use taxpayer money to fund treatment in jail. I've heard from many parents who after their Children were sectioned to jail regret they ever sought help. And I've heard from many patients who were scarred by the experience. There's been a lot of testimony today. The jails can be made into treatment into places that don't feel like a prison.

But our experience with the DOC And with Hampton county show that's just not true. Both try to say their facilities are not like prison4955 but make no mistake, they are still jails and the people sent there know it. They're surrounded by barbed wire, everyone is stripped searched when they get their prison administrators are still in charge and security takes priority over treatment. Inevitably when it's run by corrections. Even if you don't call it a jail. Security4977 staff aren't called guards but many are former corrections officers and not and none are trained in substance treatment. They go through Count four times a day just like in prison only the name is changed. It's called a wellness check or security check on outside medical trips there, handcuffed and they're mingled with sentenced prisoners they can be locked in their cells if they act out and the DOC or the superintendent MASAC still determines when a patient can be released.

Sheriff Tompkins held up Wellpath as as a healthcare provider but they are a correctional healthcare company with a poor track record nationwide. Uh and and they are5022 they run they still administer a correctional institution under under DOC Rules. And that will be true in Suffolk County as well. Patients held in prisons experience a deep sense of shame. In the course of my work and in litigation arguing that Section 35 incarceration is unlawful I have spoken with dozens of patients held in DOC nd Hampden.

One of them echoed many others when he said he feels like a bad person instead of someone who needs help and you're going to hear from others directly today. I believe. We also are providing written testimony from more than a dozen doctors who can't be here today and treat SUD who feel that prison is entirely contrary who treatment and recovery. We've heard a lot of testimony that jails are the only available solution but that is a choice. As Representative Balser said healthcare providers are there and it is a choice to put funding into correctional settings. However well intentioned the sheriff's or DOC are they are not healthcare providers, serious crimes can be treated as such. But for others, prison will just be a revolving door and not effective treatment. I urge you to act favorably on H 2066 and S 1285.

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[OAMI AMARASINGHAM (ACLU):] [HB2066] [SB1285] Um thank you. Chair Madaro chair cr members of the committee. My name is Oami Amarasingham and I'm the deputy Legislative director for the ACLU of Massachusetts. The ACLU's in strong support of H 2066 S 1285 massachusetts has the dubious distinction of being the only state in the nation that incarcerates people5126 living with substance use disorders or SUB who have not been convicted of crimes. The current practice of incarcerating civilly committed men raises significant constitutional concerns and violates the ADA.

There is almost no data on the efficacy of compulsory treatment and what5140 little data does exist shows that these programs can be harmful. After decades5144 of the failed war on drugs which fuelled mass incarceration and exacerbated multiple public health crises. We know the criminal system approach is counterproductive. While women no longer suffer the indignity of imprisonment for the so called offensive needing treatment for drug or alcohol addiction. Men continue to be sectioned to jail one of the least therapeutic environments imaginable. If we truly understand SUD to be a public health issue, then the response must be guided by the agencies with the expertise in protecting and promoting health.

The committee should follow the recommendations of the 2019 Section 35 Commission Report. The5178 very first recommendation of that report is to expand development of low threshold treatment on demand models including harm reduction interventions in community based settings, immediate access to MET and expansion of bridge clinics, addiction consult services, outreach and engagement programs and more. This is precisely the response the public health experts and advocates are calling for it to respond to Mass and Cass. We agree with previous speakers that creative outside the box solutions are necessary to address the humanitarian crisis, but the proposed criminal approach is not new. It is the box we have been operating in.

The proposed jail based solution and actions taken by the city so far will exacerbate the problems we are already facing. Just this morning, the globe published an op-ed from public health experts who projected the human impact of the sweeps. They wrote and I quote, The clean up will lead to an immediate 30% increase in the overdose death rate among those who have been living in the encampment further because sudden disruptions take a long time to equilibrate. The overdose rate will5238 remain elevated for approximately nine months after the sweep.

In total, we project about a 12% total increase in overdose mortality over the course of the year following a clean sweep. In the year following the sweep hospitalizations for complications of druggies will probably rise by 11-15% for endocarditis, 4% for skin infections and 46% for overdose end quote. The piece also goes into increased healthcare costs because providing treatment through jail based settings and clean sweeps is more expensive than the alternative of providing it through the healthcare system. There is urgent need for systemic data driven evidence based reforms to address this public health crisis. This legislation is a piece of the puzzle and we urge you to give it a swift and favorable report. Thank you.

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[MICHAEL GARAFALO (MOAR)] [HB2066] [SB1285] Good afternoon. Thank you for the opportunity. Good afternoon chairperson5295 and members of the committee. I'd like to thank you for the opportunity to testify on behalf of H 2066 and S 1285. My name is Mike Garafalo.5305 I'm a person in long term recovery, a licensed alcohol drug counselor and certified recovery coach in the state of Massachusetts. I am also an advocate and member for massachusetts Organization for Addiction Recovery known as MOAR and Director of operations operations for Better Life Partners. I'm here today to support access to addiction services. I believe that it's important for men like women who have not committed crimes but whose addiction to become part of the life threatening to them or to others to benefit from long term long term long term care environment.

The importance of a5343 therapeutic environment should not be understated prison is not a safe environment. On May 7th 2015 my journey of active use was interrupted by one of the most compassionate and considerate police officers I've ever met. Due to my lifestyle and choices, I didn't think I would ever be saying these words. Uh but he took time to understand who I was and why I use substances. Uh you explain to me that if I continued to use I would ultimately end up dying and I knew that. He spoke with my family and who for years have tried to help me and had no option and explained that I could5376 either go to treatment or they could what was known as5379 Section me

Um unaware of what this meant. I found out that this essentially meant I could end up going to a correctional facility in Bridgewater, which was about 10 minutes from where I grew up. At the time part of the reason why I continued my drug use was the fear of ending up in a correctional facility. I decided to voluntarily go to treatment, which my family supported. Either way, I had zero interest in truly getting clean and change in my life at the time. I just didn't want to end up in jail, Upon entering detox I was withdrawing and full of ambivalence and didn't think I could change from there. I ended up in a CSS a clinical stabilization service unit where things started to change. I met staff who worked there who are in long term long term recovery from substance use and began to explain the daily struggles of life and recovery.

These folks planted some seeds in my brain and showed me that recovery is possible from there. I went to a TSS a transitional support and while waiting for one of these rare beds, we've talked about in Massachusetts to come up in a residential facility. The process not only saved my life, but it gave me5446 an opportunity to explore and create a new foundation. Fast forward until March of 2016 I'm 10 months into recovery and I'm presented with an opportunity to5453 work at a detox facility. I5455 was now with people who felt the same despairing pain that I had been dealing with for so long. It also gave me a much better understanding of the challenges in early recovery for each person.

During this time, I heard every reason why someone should leave treatment, whether it was their partner didn't answer phone call or the food just wasn't very good. My career led to an opportunity to work as a recovery coach, providing peer support and helping to under and it helped me to understand what individual treatment looks like not telling them what they need to do from there. I5487 worked in it uh from the, I worked in a correctional facility in the Worcester County Sheriff's office While we did great work during the day at four p.m. they would say this place just goes right back to being jail when you leave. What I learned was this was not a safe environment and many of the men who were there had been traumatized by other inmates and by correctional staff in their past. From there I went back to working in a residential treatment facility and we were able to create a safe and welcoming environment for all folks who struggle with substance use. I believe that

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[MARK LARSEN (COMMITTEE FOR PUBLIC COUNSEL SERVICES):] [HB2066] [SB1285] Thank you Representative Madaro and Senator Cyr Thank you for letting me testify today on on behalf of Senate bill 1285 and House to 2066. I'm the director of mental health litigation at5566 the Committee for Public Counsel Services and as such we provide counsel for those who are facing civil commitments under Section 35. Our attorneys, both public and private have been there as the deaths and overdoses increased over the years. The challenges of the pandemic have not diminished the scope of the5586 problem. Our representation of these individuals highlights the need for quality treatment. We have also been reminded that5593 Section 35 treatment should not be provided in prisons or jails.

Such treatment as punitive stigmatizing and of questionable value. During the recent focus on the homeless population in Boston, you've already heard discussion of that addiction experts spoke out quite compellingly against the use use of coercive treatment for substance use disorder, especially in5613 prisons and jails. As already been pointed out. There was a Section 35 Commission, I was5619 privileged to serve on that with Senator Friedman and representative Balser and that commission two years5625 ago made several recommendations. One has already been referenced, expanding low threshold treatment on demand in community based settings. Immediate access to medication assisted treatment and expansion of outreach and engagement and other programs.

Other recommendations included establishing a5644 consistent set of publicly available metrics to be reported on by those who were providing Section 35 Services. The prisons and the jails currently used5657 used for Section 35 commitments are not subject to these DPH regulations or standards. And finally, one of the recommendations of that committee. That commission after long study was to prohibit the confinement of men under Section 35 in any jail or prison and also to expand the license programs to meet the needs of those individuals. It's time to act on those recommendations.

The commission which I served heard from substance use disorder providers and experts from those directly affected by substance use, the users and their families. Some of the most compelling testimony came from5694 those who are committed to the Department of Correction Program at Plymouth That program has been in existence for many years and yet the Department of Corrections or the commission at least failed5704 to provide any information as to the effectiveness of what they do there. Those who are committed to MASAC are treated like prisoners.

In contrast Bureau of Substance Abuse Services programs and DMH programs have standards that are subject to review. In the end, the the treatment at Correctional facilities are recommended to be ceased. Um if I might, I do have a couple of comments5733 to correct some things that have been said previously. While it can be that people stay in a Section 35 program for 90 days, that is not what happens. Most of the people are released after a couple of weeks and the BSAS program which are licensed and regulated have the shortest period of turnaround.

So this is important to know. And finally, just quickly because we've been monitoring the Mass Cass5759 Court, no one, there has been subjected subject of a Section 35 petition at this point to our knowledge, everyone who has been brought in on a warrant has been heard and either discharged or actually held in some facility. So again, I'd like to recommend that you report these bills out favorably.

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[COLLINS:] Thank you Chair Madaro um um to Mark Larson and your colleagues, thank you for the valuable representation and done so capacities.5793 I see your work handily um and your colleagues' in the courts. Um Yeah, I mean and that's why I think it's so important that you're engaged down there as5804 aggressively as your team has been a long, you bring up a lot of good points. Um So what I just I I think I know how people feel with this but I just just like I'm trying to bring this back to a dynamic We have where you just mentioned BSAS DPH again zero for adolescents zero for males.

So when you in Suffolk County a few dozen on the shelf life that's running out. So we get so why we have a three week period and then you're out the door is because the patient looks like a million bucks compared to when they came in two weeks ago. In the line of people, you're trying to see people three weeks at a time if you can't see them three months at a time because it's like a field hospital of sorts where there's not enough capacity. And I credit uh Senator Friedman and Rep Balser for advocating strongly about that.

We have to confront this in Suffolk County if you are Section and you're female in Dorchester District Court at best, you're going to Taunton or New Bedford, um, and males other places. You know, I'm sure there's value and I believe there's value in getting outside the island, but that's a three week process because we don't have enough beds. So what happens folks come right back down, they find their way back and as challenged as they are and, you know, there's a, there's a resilience to people there who I think is something that we have to understand to with the right kind of help.

I think there's a lot more hope than, than, and then people think, but I feel like that's the missing piece. A civil intervention, um, where, but you would agree not having any beds for adolescents or males and very little females that are on the ropes. Um, while we're talking about, you know, trying to, you know, be more compassionate and intervene in the right proper ways. So right now, it's the, you know, the status quo is until some strong interventions, um, put in place untenable.

So, you know, Rep Balser's position is Well taken in the position of CPCS uh, what do you do? We have to think? We have to do something. So I think action here on, on assets and sort of, what the governing tools in um, metrics need to be understanding the differences, um, you know, as healthcare professionals5964 and um public safety professionals, I just, I'd love to everyone to keep an open mind on,5968 on on how we can utilize assets better. Again, unless we're going to get someone to say we're going to spend way more money on the Lindemann Center to to redo that.

Great or you know what, we're going to push back on the greenspace advocates who say get rid of Shattuck Hospital, There's an element of the city who wants to do that. Uh, it's a strong voice and there's merit to it in some ways. But what do we do needs? We need to put this stuff, some we need to put the facility somewhere and we can only do that on public land that we have access to and can leverage. And so, you know, I hope that you kind of take that point from my perspective as to where I'm coming from.

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[LARSON:] Can quickly respond to that. And I do mean quickly. I think the answer to that question should come from the Bureau of Substance Abuse Services. They have the expertise to address some of the questions that have been raised. This is a, this is a very serious problem and I'm not the expert there. I've just worked with people who have substance abuse for decades and so I'm well aware of what the problem is and what some of those solutions are that have been suggested. I don't think I'm actually the one. There are other people I think who've already spoken who may be better suited for that.

[COLLINS:] But objectively you would say zero, zero and about to be zero is a bad number.

[LARSON:] Well you would that's for Section 35 treatment. Uh the the experts again and I provided in my written testimony some evidence with regard to this is that coerced treatment is risky and it's of questionable benefit. It does benefit some individuals. No question, it saves some people's lives. But overall, that's then again, that's the real question for experts. I think you should probably have a couple of expert panels to talk on this issue. But there are there are beds there for people who are willing to go into treatment which is the best pathway to success.

[COLLINS:] Not for everyone. I agree. All options on the table.

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[??? QUINN (CONCERNED CITIZEN:] Okay. My experience um is with the Plymouth Facility. I have a 19 year old grandson that uh was Section 35 and he was put in Brockton and a lot of he had some you know mental health issues and one of them is impulsiveness And they put him in the unlocked building when he ran they ended up putting them in Plymouth for 45 days. He was a 19 year old boy going on 12, no criminal record, never done anything wrong in his life but he's mentally ill and they put him in Plymouth and for 45 days every night he worried about getting raped, he worried about getting beat up.

Why would they put a kid like that into such? You know man, I've listened to this uh uh going on and I've heard about the people that are in the system and I'm thinking my God he was with you know people that were really seriously you know in bad shape and that that's not the way to help mentally, you shouldn't punish people for being mentally ill and he got punished for being impulsive and that boy has been traumatized. I deal with it every day ever since he got out. He can't even work, he's traumatized by what happened to6375 him so he did not get any help in that prison and that's exactly what that was, that was a prison.

And I appreciate you people letting me talk about this and I've listened to it and there's a lot of people doing a lot to change this thing and I think it should be supported because it's very important that the people in Massachusetts get help for their mental health issue was not put in jail. That was that was uncalled for what happened to that boy. So I'm done and I let my time go to other people that I have left and I appreciate what all you people are doing to change this.

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[NAKUL VYAS (BUSM):] [HB2066] [SB1285] thank you. Chairman Madaro Chair Cyr and members of the committee. My name is Nakul Vyas and I am a medical student at Boston University School of Medicine, diversity and inclusion fellow and member of the Student Coalition on Addiction. I am also a person in long term recovery from benzodiazepine addiction. I'm here to testify in favour of House Bill 2066 and Senate Bill 1285. Developing an addiction is not a choice that anyone wakes up in the morning6494 and chooses to make instead our common human inclination is towards happiness and freedom from suffering.

People develop addictions for many reasons. We know from twin and6508 adoption studies that for many people, addiction has a genetic component. In many other cases, addiction develops in the context of physical injury, a history of trauma or co-occurring mental illness. In July sadly this year Aisha Johnson died at the South Bay jail6529 under Section 35 procedures. The reason that she has died has still not been explained to her family regarding the circumstances of that day. Her family did not know6541 that she would be sent to a jail when they chose to commit her instead of a treatment facility. These bills would place addiction in the right context of public health context. This would be better for affected individuals, their families and the commonwealth as a whole. Thank you for your time.

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[SULLIVAN:] [SB1265] Thank you. Um And I appreciate everyone's everyone's testimony that's gone before me6686 and I apologize for not being on earlier. I was having some technical difficulties getting on. Um I just want you know what comes to mind sometimes for me is perfect is the enemy of good and we know what's perfect, we know that um in a perfect world um course you know treatment is risky treatment we know that we that that it doesn't always work. But what I will tell you about Section 35 What I see on the street day in and day out.

I am the executive director of the New Market Business Association and I literally spend um as most people probably on here don't um three or four hours a day down on the street at Mass and Cass. And what I see down there when I see people who6741 are in the throes of the worst times of their lives and they cannot. They're not in a position even to figure out how to get out of it. When I see someone being Narcaned three or four times a day that would die if they if there's not someone there to save their life.

Okay. Or when I see a woman in a tent who's being prostituted for three straight days and not being allowed out of the tent. When I see and I could go on and on about these things that are going on every single day on6777 the street. And is it perfect if we, if we if we section someone because we think that they're is a danger to themselves? No, it's not perfect. But you know what, it's better than what's happening and and at least it gives them a fighting chance to determine that they want to get better.

Down here, down what I see every day, they don't have that fighting chance. So it's much riskier not to be utilizing this than it is to be utilizing it. So while everyone, everyone likes to say and and and and doctors and health care workers and addiction advocates and all that you need to want to go. I look at it that there are so and and by the way I what I what I see is so many people you know we talk everybody's referring to these things down here as sweeps. These are not sweeps that are6841 being done down here.

And I am offended at anyone calling them sweeps. I have been down there every minute of each day that they have been asking people to move out of tent and I have watched people begging the public health people begging people to go into treatment or to find shelter. Not people threatening them with arrest with sectioning. So I dare anyone to come down and walk with me down here because I'll tell you everyone can everyone can say it's not perfect. Everyone can say6880 that you know sectioning is not the best thing to do. But it is a darn sight better than everything that's going on down here.

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[LINDA ZABLOCKI (CONCERNED CITIZEN):] [SB1265] thank you everybody for all your time on this and the efforts and all of this. Um I need to just I do not have many letters after my name. I have enough letters in my last name but I do not have the degree in mental health or drug abuse. But I will tell you I have the street degree. Um, I have attended way too many, many, many, many funerals. I have a degree up in Casper's and O'Brien's here in South Boston. I have a lot of family members that have lost. I have consoled many of my friends who have lost Children and grandchildren.

There needs to be a better system than what we have. And if right now what we have is this program to work with the sheriff and get them into the jails and you know what because you called somebody a chair. They're not a chair, You call it a jail. It doesn't have to be a jail, let's change it. If they do the roll calls, if they have the barbed wires, then let's change some of that. But we need to do something now. We have become a disposable society. We have thrown away, you know, you get a new phone when a new one comes out, we have to stop throwing away people. The people7007 that are out on the street are not benefiting by anything that is going on right now.

And we as a civilized society are obligated. It is our duty to help those who are a danger to7020 themselves and a danger to society. If we sit back and don't do anything about this and we let it continue because we don't have the perfect situation shame on us. We continue to throw away human beings. And I have already lost too many now. So I am7036 asking that this program go through. We need to open our eyes. It might not be perfect right now. But we certainly have something, it's something different than what's going on. An addict will always choose the drug if the drug is on the table and that is what we need to realize.

Very rarely will they go and what we have right now is a three day dry spin. It's just a chaching chaching for whoever's charging that it needs to stop. We are losing generations. We are losing mothers, fathers, grandchildren, Children. We are the ones here who need to make the decision to help them and the people who have the mental disabilities. I see them on my street every day. If I sold, if I could send you some of the pictures you would you would might have breaks. I go out there and I was crying because nobody's given direction. Nobody has taken them by the hand here, let's get you here.

If they don't want that after 90 days continue what they want to do. But give them the option right now. They don't have the mental capability and an addict Does not have the clearance of head to make that decision. So I am asking you all to know that this is an ab to me. An absolute necessity right now In the city. I'm from Andrew Square. We are like an extension of Mass Cass. Andrew Station has the highest overdose rate going and this is a station down in Newmarket. That's pretty sad. Every day I walk out, I can send you pictures, girls sitting on the steps with needles in their arms, men sitting on the stairs with needles in their arms.

Putting needles in the neck under a light, that they're going to the light to activate it because it's it's a motion light so they can put it in their neck. It's an addiction and we need to take a step forward. And even if it's a little step, if it's not a complete clear step, we can't stop jumping off the cliffs. We need to do something now. Thank you.

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