On October 21, 2025, legislation was heard by the Massachusetts Joint Committee on the Judiciary with the potential to make the Commonwealth the second state in the nation to put treatment before punishment for birthing people with acute Perinatal Mood and Anxiety Disorders (PMADs) like postpartum psychosis (PPP) who find themselves involved in the criminal justice system.

An Act relative to the well-being of new mothers and infants (H.1924/S.1171) would add compassion and fairness to our criminal justice system by: providing for evaluation by an expert in reproductive psychiatry when a defendant has given birth in the 12 months prior to an alleged crime, and diverting moms to treatment if necessary; considering PPP as a mitigating factor in sentencing in the most serious cases; and allowing for resentencing in cases where PPP was a factor but was not considered.

Because of shame, stigma, misinformation, and a lack of treatment resources, PPP and other PMADs are typically not identified or treated; without the protections in this bill, they can easily be unaccounted for or misrepresented in our criminal justice system. This legislation is also a first step in addressing the multiple equity issues that intersect when birthing people of Color – who are more likely to experience PMADs but less likely to receive appropriate care – get caught up in a criminal justice system that also disproportionately penalizes these residents.

PPP is a temporary and highly treatable mental illness, and it is cruel and inappropriate to shoulder ill mothers with a lifetime of punishment. Help build support for this critical legislation by writing to your state legislators today to urge them to sign onto An Act relative to the well-being of new mothers and infants!

--The Massachusetts Mind the Gap Coalition