The Justice Department announced today that it has entered into a settlement agreement with the Massachusetts Department of Correction (MDOC) to resolve the department’s investigation into MDOC’s treatment of incarcerated individuals in mental health crisis.

Under the agreement, MDOC will improve policies and training related to mental health care for incarcerated individuals. These improvements will ensure that individuals in mental health crisis receive three daily mental health contacts; that support staff interact with them while they are on a mental health watch; and that MDOC develop a new unit to provide more intensive mental health treatment for individuals in mental health crisis who are not improving while on mental health watch.  In addition, MDOC will provide better documentation of mental health treatment for incarcerated individuals experiencing prolonged mental health crisis. MDOC’s Mental Health Director will now have a role in determining the cell conditions and privileges for anyone on a mental health watch. 

The agreement also provides for an independent monitor to assess MDOC’s implementation of the agreement’s requirements and review clinical determinations to ensure MDOC is providing adequate mental health treatment for individuals in mental health crisis.  The monitor will prepare periodic public reports on MDOC’s progress. 

“Our investigation found that Massachusetts’ prisons subjected incarcerated people in mental health crisis to prolonged periods of restrictive housing conditions, instead of providing them constitutionally adequate mental health care and supervision,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.  “This agreement ensures heightened supervision, increased out-of-cell contact with mental health staff, and intensive mental health care in a new treatment-focused housing unit when needed.  These reforms will help ensure people receive the services they need when they are in crisis.”

“As prosecutors, we have a duty to enforce criminal laws which can result in sending people to carceral facilities,” said U.S. Attorney Rachael S. Rollins for the District of Massachusetts. “We also have a duty to ensure that once someone is incarcerated and in the custody and control of a state, local or federal government, that they receive constitutional treatment and adequate mental and physical health care. In the instant case, our investigation found unconstitutional conditions and circumstances where incarcerated people in mental health crisis harmed themselves up to and including suicide. We must provide better mental health treatment in our carceral facilities. Statistics show that far too many of the incarcerated population with significant mental health and substance use disorders, among other severe things. Moving forward, we will be working closely with DOC to address and correct the serious issues and violations identified in our November 2020 Notice. This agreement is the product of hard work and collaboration and offers many innovative solutions. Specifically, the creation of a Stabilization Unit, a newly established civilian Support Person position, as well as mandatory out-of-cell mental health contacts. With these innovations, we intend for Massachusetts to become the gold standard in mental health supervision and treatment for incarcerated individuals. DOC could become an example for the nation.”

The Civil Rights Division and the U.S. Attorney’s Office for the District of Massachusetts initiated the investigation of MDOC in October 2018 under the Civil Rights of Institutionalized Persons Act. This law authorizes the Attorney General to file a lawsuit to address the rights of individuals in institutionalized settings. In November 2020, the department announced findings that MDOC violated the constitutional rights of incarcerated individuals in mental health crisis. The department found that MDOC did not adequately supervise individuals in mental health crisis, did not provide them adequate mental health care, and used prolonged mental health watches under restrictive housing conditions. 

For more information about the Civil Rights Division and the Special Litigation Section, please visit https://www.justice.gov/crt/special-litigation-section. Additional information about the U.S. Attorney’s Office for the District of Massachusetts’ Civil Rights Unit is available at:  www.justice.gov/usao-ma/civil-rights.  You can also report civil rights violations to the Section by completing the complaint form available at https://civilrights.justice.gov/.  

Individuals with relevant information about compliance with the agreement are encouraged to contact the department by phone at (833) 223-1550 (voicemail only), or by email at Community.MADoC@usdoj.gov.