COMMONWEALTH OF MASSACHUSETTS

By His Excellency
Governor

EXECUTIVE ORDER NO. 112

RIGHTS OF THE DISABLED

    WHEREAS, Among the rights and interests of all citizens of 
the Commonwealth are a decent level of education, training, treat-
ment, care, and housing; self-determination, privacy, dignity, and
self-fulfillment; a humane and accessible physical, social, psycho-
logical environment; work, just compensation, and economic security;
and the right to vote and to receive due process in the criminal
justice system; and

    WHEREAS, It is contrary to public policy and not in the in-
terest of the citizens of the Commonwealth that the rights of citi-
zens of the Commonwealth who are disabled be abrogated through the
misfeasance or nonfeasance of public agencies or officials or pri-
vate parties; and

    WHEREAS, The rights of disabled persons in communities and
in institutions must be adequately defined, protected and monitored
to ensure their constant enforcement; and

    WHEREAS, The disabled are often especially vulnerable to the
loss of their rights in the criminal justice and law enforcement
systems during the course of arrest, interrogation, trial, and dis-
position, due in part to the absence of resources and training suf-
ficient to make law enforcement and criminal justice agencies fully
aware of and sensitive to the special needs of disabled persons;
and

    WHEREAS, It is the responsibility of the Commonwealth to
ensure by law and administrative practice the fullest protection of
the rights and interests of all persons, including disabled persons;
and

    WHEREAS, The Commonwealth is committed to the accomplishment
of all reforms necessary and feasible for discharging this respon-
sibility; and

    WHEREAS, Numerous private citizens, members of the bar,
governmental and private agencies, and consumers and representatives
of consumer organizations have expressed their deep concern regard-
ing the identification and protection of the interests of disabled
persons;

NOW THEREFORE, I, Francis W. Sargent, Governor of the
Commonwealth, by virtue of the authority vested in me as Supreme
Executive Magistrate, do hereby order as follows:

    1.  There shall be a Governor's Commission on the Rights of
the Disabled, hereinafter called the Commission, comprised of seven-
teen members, appointed by the Governor, who shall be, but need not 
be limited to being, representative of the organized bar, law en-
forcement and corrections agencies, social and protective services
agencies, civil rights advocates, and consumers and consumer organ-
izations.  The Governor may, from time to time, designate a member
of the Commission to serve as Chairman.

    2.  The Commission shall:

    (a) collect and analyze existing reports and information
concerning issues relating to the rights and interests of the dis-
abled, and the protection thereof, in such areas as education, train-
ing, treatment, care, and housing; self-determination, privacy, dig-
nity and self-fulfillment; a humane and accessible physical, social,
and psychological environment; work, just compensation, and econom-
ic security; voting and receiving due process in the criminal jus-
tice system with respect to arrest, legal representation, interro-
gation, pre-trial diversion, trial, criminal responsibility, compe-
tency to stand trial, the right against self-incrimination, dispo-
sition, and post-adjudicatory remedies;

    (b) conduct such hearings as are necessary further to define
or investigate such issues;

    (c) convey findings and recommendations regarding such is-
sues and their potential solutions to officers and agencies of the
Commonwealth including, but not limited to, the Attorney General,
the Joint Committee on the Judiciary of the General Court, the Mass-
achusetts Judicial Council, and organizations of law enforcement
and corrections officials, and advocate their resolution; and

    (d) develop and publish a final report including recommen-
dations for statutory reform and reform of administrative regula-
tions and practices relating to the interests of the disabled, with
recommendations for their implementation, to be widely distributed
in accordance with a plan developed by the Commission and approved
by the Governor.

    3.  The Commission may, as provided by law, expend such funds
as may be available for its purposes and appoint such officers and
employees as may be necessary for the performance of its functions.

    4.  For purposes of this order, the word "disabled" refers
to persons with a physical or mental disability, or disabilities
which are of such severity that, alone or in connection with social,
legal, or economic constraints, they require the provision of spe-
cialized services over an extended period of time directed toward
the individual's social, personal, physical, or economic rehabili-
tation or habilitation.

    5.  This order shall expire and the operation of the Commis-
sion shall terminate either one year from the commencement of em-
ployment of the first officer or employee employed by the Commission
or on September 1, 1975, whichever is sooner.

Given at the Executive Chamber in
Boston this thirtieth day of Octo-
ber in the year of our Lord One
Thousand Nine Hundred and Seventy-
Four and of the independence of the
United States of America, the One
Hundred Ninety-Ninth.

FRANCIS W. SARGENT
Governor
Commonwealth of Massachusetts

JOHN F.X. DAVOREN
Secretary of the Commonwealth

GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS