BOSTON -- Attorney General Tom Reilly commended the Legislature for its passage Jan. 4, of Senate Bill , “An Act Regarding The Penalties For Crimes Against the Elderly and Disabled Persons.”  Reilly proposed the legislation, which was sponsored by Sen. Linda Melconian (D-Springfield) and Rep. Lida Harkins (D-Needham).

The bill increases the criminal penalties for abuse against the elderly and disabled and holds nursing home supervisors, owners and operators accountable for allowing patterns of abuse and neglect to exist in their facilities.

“We owe it to our seniors and persons with disabilities to make sure that they are protected from abuse and neglect and given the care that they deserve,” Reilly said.  “Not only does this bill increase criminal penalties for cases of abuse against the elderly, but it will also helps us more effectively prosecute nursing home supervisors who allow a pattern of abuse and neglect to occur in the homes.  I want to commend the work done by Representative Harkins and Senator Melconian to push through this legislation, and also thank the Massachusetts Extended Care Federation and the Massachusetts District Attorney Association for their tremendous support on this bill.”

The bill will enhance enforcement capabilities and increase penalties for abuse against elders and the disabled.  Components of the bill will:

-- Establish the crime of indecent assault and battery upon an elder or person with a disability.  Indecent and sexual assaults against this vulnerable population will now have an enhanced penalty of up to 10 years in state prison, and up to 20 years for a subsequent offense.

-- Establish assault and battery against the elderly and disabled as a protected status with an enhanced sentence of up to three years in state prison.  Under existing law, the maximum sentence for abuse against nursing home residents is two years, whereas for assault and battery against a victim without special status is two and a half years.

-- Allow prosecution for assault and battery against elders and the disabled without a requirement of bodily injury.  Currently, the elder abuse statute limits prosecution to instances in which bodily injury occurs.

-- Allows a civil case to be brought against care givers such as nursing home operators who allow a pattern of abuse or neglect to occur in their facilities.  Currently, a civil action is only possible against “any person who actually abuses, mistreats, or neglects a patient or resident.”  Reilly’s bill would allow a civil action against those who “recklessly permit another to abuse, mistreat or neglect a patient.”

-- Increases civil penalties from $2,500 to $50,000.  Currently, the maximum civil penalty for instances of abuse is $2,500 which AG Reilly argued was simply inadequate to serve as a deterrent.

Reilly has brought charges against two caretakers for elder abuse in the past year.  On Dec. 1, Reilly indicted Bernadette Stackpole, a nursing assistant at Franklin Skilled Nursing Home in Franklin, on charges that she allegedly physically abused four elderly residents, ages 75 to 105, who were suffering from dementia and Alzheimer’s. In January, AG Reilly brought criminal complaints against Isaac Joseph, a certified nursing assistant at Cranberry Pointe Nursing Home in Harwich, for allegedly physically abusing Alzheimer’s patients under his care.  The case is scheduled for trial next month.

In addition, Reilly’s office has initiated several investigations this year into allegations that nursing home owners and operators have allowed patterns of abuse, neglect or mistreatment of the elders and disabled persons under their care.