This is the version of the Human Rights Complaint that DMH confirmed receipt of.

Sent: Friday, February 14, 2025 6:58 PM

To: Sims, Startese (DMH)

Subject: Human Rights Complaint

Startese Sims, JD / Director of Human Rights / Massachusetts Department of Mental Health

Dear Attorney Sims,

It is well-known that all detainees should be provided at least one hour daily of outdoor air and outdoor light. This is for example the longstanding and well-established position of the United Nations (as codified in the Nelson Mandela Rules). If a facility does not provide daily outdoor access, that is considered a form of torture (e.g., the Association for the Prevention of Torture).

Massachusetts state law and state regulations concur. A patient of a facility must be provided daily access to the outdoors, individually or in groups. 104 CMR §27.13(6)(f)

I hereby make this Human Rights Complaint regarding the Acute Inpatient Unit at Corrigan Mental Health Center ("Corrigan IPU"). Although the percentage varies depending on the current patient load, a significant portion of the patients at Corrigan IPU are not provided a substantive right of daily access to the outdoors. As a result, based on information and belief, many patients at Corrigan IPU can go a whole week without accessing the outdoors. Some can go even an entire month without access. The staff at Corrigan IPU do not even keep track of when was the last time that a patient accessed the outdoors.

I have the right to make this Complaint and have it be taken seriously. Under Massachusetts state law and regulations, any person may make a Human Rights Complaint regarding a condition involving DMH clients that he or she believes to be dangerous, illegal, or inhumane. 104 CMR, § 32.04

That is precisely the situation here. I am complaining about a condition involving DMH clients, which I believe to be both illegal and inhumane. Yet I have attempted several times to bring this condition to the attention of Corrigan personnel, and their response has been to ignore my complaint.

I first brought the issue to the attention of Human Rights Officer Lawrence Weiner in October 2024. I recently made my complaint known to Facility Medical Director Jose Afonso, and staff member Maxwell Mayer. I also made it known to Jeanne Crespi, who, according to the January 2025 DMH Resource Directory, is the current Person in Charge.

In addition, I have made public records requests regarding this issue. (I asked, specifically, for any information regarding a Plan as defined in 104 CMR 27.13(6)(f)5. I also contacted the Ombudsman. In all cases, there has been no response at all.

It appears that DMH has a policy of ignoring correspondence. I have no reason to believe that my Complaint is being taken seriously. Could you please acknowledge receipt of this email? Could you also please be sure that someone is taking this complaint seriously?

Thank you so much,

Sincerely,

August Baker, PhD

Note: Startese (“Star”) Sims, JD, Director of Human Rights for DMH, did confirmed receipt here.

Further Background, including earlier versions of the Complaint, here.