Section 35 in Massachusetts
Can You Force Someone Into Rehab?
Section 35 can help get your loved one into treatment when they refuse if they are a danger to themselves or others.
Contact Lake Avenue Recovery today to learn more.
Section 35 in Massachusetts
Can You Force Someone Into Rehab?
Section 35 can help get your loved one into treatment when they refuse if they are a danger to themselves or others.
Contact Lake Avenue Recovery today to learn more.
If someone you love is struggling with addiction and won’t get help, you may be looking into whether you can force them into treatment. In Massachusetts, that path exists. It’s called Section 35, and it allows a court to order someone into involuntary treatment for an alcohol or substance use disorder.
This page walks through what Section 35 actually is, who can file a petition, and what happens during the process. We’ll also cover what a real continuum of care looks like after a commitment ends.
If you’re interested in learning more about effective dual diagnosis treatment options in Massachusetts, call us at 508-794-4400.
What Is Section 35?
Section 35 refers to Massachusetts General Law Chapter 123, Section 35, the state law that allows courts to civilly commit someone for treatment of an alcohol or substance use disorder, even if that person doesn’t want treatment.
This is different from a criminal charge. The person being petitioned, called the respondent, hasn’t committed a crime. The court isn’t punishing them. It’s making a legal finding that they have a substance use disorder and that their condition puts them or others at serious risk of harm.
If the petition is granted, a judge can order up to 90 days of inpatient commitment to a facility designated by the Department of Public Health, followed by up to a year of case management support after release.
Section 35 vs. Section 12: When Each Applies
Section 12 and Section 35 are both Massachusetts civil commitment laws, but they apply to different situations. Section 12 covers someone experiencing a mental health crisis who poses a risk of harm due to mental illness. Section 35 covers someone whose risk of harm comes specifically from an alcohol or substance use disorder.
If someone has a co-occurring mental health condition that needs to be stabilized before substance use treatment can begin, they may be referred to a psychiatric facility or committed under Section 12 instead. Our guide on Section 12 in Massachusetts goes into more detail on how that process works and how to tell which one applies to your situation.
Who Can File a Section 35 Petition?
Only certain people are allowed to petition the court under Section 35.
This includes:
- A police officer
- A physician
- A spouse
- A blood relative
- A guardian
- A court official
If you don’t fall into one of these categories, you generally can’t file the petition yourself, though you may be able to work with someone who can, such as the person’s physician or another family member.
The Two Criteria a Judge Must Find
A judge can only grant a Section 35 commitment if both of the following are true.
- First, the person must have an alcohol or substance use disorder, as defined under the law.
- Second, there must be a likelihood of serious harm as a result of that disorder, either to the person themselves or to others. This typically means evidence of risk like a recent overdose, repeated dangerous behavior, or a serious decline in someone’s ability to keep themselves safe.
The court hears expert testimony, usually from a clinician, before making this determination. Concern alone isn’t enough. The judge needs evidence connecting the substance use disorder to a real, current risk of harm.
How to File, Step by Step
Filing a Section 35 petition involves a few specific steps.
- Go to any District or Juvenile Court. You file where you are, not where the person you’re petitioning lives. This means you don’t need to travel to their town or county to start the process.
- File a written petition or affidavit. You’ll need to put in writing why you believe the person has an alcohol or substance use disorder and is at risk of serious harm.
The court decides between a summons and a warrant of apprehension. In most cases, the court issues a summons, which is a formal notice telling the person to appear for a hearing.
If there’s reason to believe the person won’t show up voluntarily and that waiting would put them in immediate danger, the court can issue a warrant of apprehension instead, which allows law enforcement to bring them in.
From there, the court schedules a hearing, typically within a matter of days.
You are not alone. You deserve to get help.
Lake Avenue Recovery is an industry leader in addiction treatment in Massachusetts. Our team of top medical experts specialize in dual diagnosis treatment and are committed to ensuring that each patient is treated as an individual. Call us today, we’re available 24/7.
The Hearing and Clinical Evaluation
Before the hearing, the court will usually have the person evaluated by a qualified clinician. This evaluation looks at whether the person meets the legal definition of having a substance use disorder and whether their condition creates a likelihood of serious harm.
At the hearing, the judge reviews this clinical evidence along with any other testimony presented. The person being petitioned has the right to be present and to have legal representation. If the judge isn’t convinced both legal criteria are met, the petition is denied and the person isn’t committed.
What Happens If the Petition Is Granted?
If the judge grants the petition, the person can be committed for up to 90 days. Transport to the treatment facility is typically arranged through the county Sheriff’s Department.
Once the person arrives at a facility, a clinical evaluator determines the appropriate placement and level of care based on their specific needs, which can include detox followed by rehabilitation. The facility’s superintendent reviews the necessity of continued commitment at set intervals, on days 30, 45, 60, and 75, and the person can be released earlier if it’s determined they no longer meet the criteria for commitment.
After release, the person has access to case management services through the Department of Public Health for up to a year.
Where Do Committed People Go?
This is an important detail families often don’t know going in. Section 35 commitment doesn’t lead to an outpatient program like the ones we offer at Lake Avenue Recovery. People committed under Section 35 are sent to inpatient facilities specifically designated by the state for this purpose.
Women are generally placed in secure treatment facilities operated in the community. Historically, men have sometimes been placed in correctional-affiliated facilities due to a shortage of treatment beds, a practice the state has been working to phase out. Where someone ends up depends on bed availability and the clinical evaluator’s recommendation at the time of admission, not on family preference.
This is one of the most important things to understand before filing a petition. You’re not choosing the facility, and you may not have much say in where your loved one is placed.
The Honest Part: Does Involuntary Commitment Work?
This is the question every family deserves an honest answer to, and the honest answer is complicated.
Research on Section 35 in Massachusetts has found mixed results. Some studies show lower rates of psychiatric hospitalization after release compared to voluntary treatment. But other data has found a higher risk of both fatal and non-fatal overdose in the weeks following release from a Section 35 commitment compared to voluntary treatment.
None of this means Section 35 is never the right call. In situations involving immediate, serious risk to life, it can be the only way to create enough space for someone to survive long enough to consider recovery.
What to Do After a Section 35 Ends
The period right after a Section 35 commitment ends is one of the highest-risk windows in someone’s recovery. Building a real continuum of care into that transition matters as much as the commitment itself.
For many people, that means stepping down into a structured outpatient level of care, like a High-Intensity Outpatient Program or Intensive Outpatient Program, paired with an aftercare plan that includes ongoing therapy and relapse prevention support. Our guide to PHP and IOP options walks through what that step-down can look like in practice.
The goal isn’t just getting through a 90-day commitment. It’s building something that holds once the person is back home.
How Lake Avenue Recovery Fits
Lake Avenue Recovery isn’t a Section 35 facility, and we don’t provide detox or inpatient commitment. What we offer is voluntary outpatient care, which can fit into this picture in a couple of ways.
For some families, reaching out to us is a step before things escalate to the point of needing a petition. For others, we’re the step-down option after a Section 35 commitment ends, helping someone transition from a structured inpatient setting into ongoing outpatient therapy without losing the momentum they built.
Either way, our team can talk through where someone is in their situation and help figure out what level of care actually fits.
Involuntary Commitment in Massachusetts
If you’re trying to figure out the right next step for someone you love, our admissions team is here to talk it through, whether that’s before, during, or after a Section 35 commitment. Call 508-794-4400 or reach out online to get started.
Worcester, MA
Our Worcester, MA location provides evidence-based treatment modalities, our luxury facility strives to create the most peaceful atmosphere to help our patients recover in the best way.
Gardner, MA
We offer several levels of care at our program in Gardner, Massachusetts. Our outpatient treatment means each person travels to our facility for their treatment sessions and then returns to their homes.
If someone you love is struggling with addiction and won’t get help, you may be looking into whether you can force them into treatment. In Massachusetts, that path exists. It’s called Section 35, and it allows a court to order someone into involuntary treatment for an alcohol or substance use disorder.
This page walks through what Section 35 actually is, who can file a petition, and what happens during the process. We’ll also cover what a real continuum of care looks like after a commitment ends.
If you’re interested in learning more about effective dual diagnosis treatment options in Massachusetts, call us at 508-794-4400.
What Is Section 35?
Section 35 refers to Massachusetts General Law Chapter 123, Section 35, the state law that allows courts to civilly commit someone for treatment of an alcohol or substance use disorder, even if that person doesn’t want treatment.
This is different from a criminal charge. The person being petitioned, called the respondent, hasn’t committed a crime. The court isn’t punishing them. It’s making a legal finding that they have a substance use disorder and that their condition puts them or others at serious risk of harm.
If the petition is granted, a judge can order up to 90 days of inpatient commitment to a facility designated by the Department of Public Health, followed by up to a year of case management support after release.
Section 35 vs. Section 12: When Each Applies
Section 12 and Section 35 are both Massachusetts civil commitment laws, but they apply to different situations. Section 12 covers someone experiencing a mental health crisis who poses a risk of harm due to mental illness. Section 35 covers someone whose risk of harm comes specifically from an alcohol or substance use disorder.
If someone has a co-occurring mental health condition that needs to be stabilized before substance use treatment can begin, they may be referred to a psychiatric facility or committed under Section 12 instead. Our guide on Section 12 in Massachusetts goes into more detail on how that process works and how to tell which one applies to your situation.
Who Can File a Section 35 Petition?
Only certain people are allowed to petition the court under Section 35.
This includes:
- A police officer
- A physician
- A spouse
- A blood relative
- A guardian
- A court official
If you don’t fall into one of these categories, you generally can’t file the petition yourself, though you may be able to work with someone who can, such as the person’s physician or another family member.
The Two Criteria a Judge Must Find
A judge can only grant a Section 35 commitment if both of the following are true.
- First, the person must have an alcohol or substance use disorder, as defined under the law.
- Second, there must be a likelihood of serious harm as a result of that disorder, either to the person themselves or to others. This typically means evidence of risk like a recent overdose, repeated dangerous behavior, or a serious decline in someone’s ability to keep themselves safe.
The court hears expert testimony, usually from a clinician, before making this determination. Concern alone isn’t enough. The judge needs evidence connecting the substance use disorder to a real, current risk of harm.
How to File, Step by Step
Filing a Section 35 petition involves a few specific steps.
- Go to any District or Juvenile Court. You file where you are, not where the person you’re petitioning lives. This means you don’t need to travel to their town or county to start the process.
- File a written petition or affidavit. You’ll need to put in writing why you believe the person has an alcohol or substance use disorder and is at risk of serious harm.
The court decides between a summons and a warrant of apprehension. In most cases, the court issues a summons, which is a formal notice telling the person to appear for a hearing.
If there’s reason to believe the person won’t show up voluntarily and that waiting would put them in immediate danger, the court can issue a warrant of apprehension instead, which allows law enforcement to bring them in.
From there, the court schedules a hearing, typically within a matter of days.
You are not alone. You deserve to get help.
Lake Avenue Recovery is an industry leader in addiction treatment in Massachusetts. Our team of top medical experts specialize in dual diagnosis treatment and are committed to ensuring that each patient is treated as an individual. Call us today, we’re available 24/7.
The Hearing and Clinical Evaluation
Before the hearing, the court will usually have the person evaluated by a qualified clinician. This evaluation looks at whether the person meets the legal definition of having a substance use disorder and whether their condition creates a likelihood of serious harm.
At the hearing, the judge reviews this clinical evidence along with any other testimony presented. The person being petitioned has the right to be present and to have legal representation. If the judge isn’t convinced both legal criteria are met, the petition is denied and the person isn’t committed.
What Happens If the Petition Is Granted?
If the judge grants the petition, the person can be committed for up to 90 days. Transport to the treatment facility is typically arranged through the county Sheriff’s Department.
Once the person arrives at a facility, a clinical evaluator determines the appropriate placement and level of care based on their specific needs, which can include detox followed by rehabilitation. The facility’s superintendent reviews the necessity of continued commitment at set intervals, on days 30, 45, 60, and 75, and the person can be released earlier if it’s determined they no longer meet the criteria for commitment.
After release, the person has access to case management services through the Department of Public Health for up to a year.
Where Do Committed People Go?
This is an important detail families often don’t know going in. Section 35 commitment doesn’t lead to an outpatient program like the ones we offer at Lake Avenue Recovery. People committed under Section 35 are sent to inpatient facilities specifically designated by the state for this purpose.
Women are generally placed in secure treatment facilities operated in the community. Historically, men have sometimes been placed in correctional-affiliated facilities due to a shortage of treatment beds, a practice the state has been working to phase out. Where someone ends up depends on bed availability and the clinical evaluator’s recommendation at the time of admission, not on family preference.
This is one of the most important things to understand before filing a petition. You’re not choosing the facility, and you may not have much say in where your loved one is placed.
The Honest Part: Does Involuntary Commitment Work?
This is the question every family deserves an honest answer to, and the honest answer is complicated.
Research on Section 35 in Massachusetts has found mixed results. Some studies show lower rates of psychiatric hospitalization after release compared to voluntary treatment. But other data has found a higher risk of both fatal and non-fatal overdose in the weeks following release from a Section 35 commitment compared to voluntary treatment.
None of this means Section 35 is never the right call. In situations involving immediate, serious risk to life, it can be the only way to create enough space for someone to survive long enough to consider recovery.
What to Do After a Section 35 Ends
The period right after a Section 35 commitment ends is one of the highest-risk windows in someone’s recovery. Building a real continuum of care into that transition matters as much as the commitment itself.
For many people, that means stepping down into a structured outpatient level of care, like a High-Intensity Outpatient Program or Intensive Outpatient Program, paired with an aftercare plan that includes ongoing therapy and relapse prevention support. Our guide to PHP and IOP options walks through what that step-down can look like in practice.
The goal isn’t just getting through a 90-day commitment. It’s building something that holds once the person is back home.
How Lake Avenue Recovery Fits
Lake Avenue Recovery isn’t a Section 35 facility, and we don’t provide detox or inpatient commitment. What we offer is voluntary outpatient care, which can fit into this picture in a couple of ways.
For some families, reaching out to us is a step before things escalate to the point of needing a petition. For others, we’re the step-down option after a Section 35 commitment ends, helping someone transition from a structured inpatient setting into ongoing outpatient therapy without losing the momentum they built.
Either way, our team can talk through where someone is in their situation and help figure out what level of care actually fits.
Involuntary Commitment in Massachusetts
If you’re trying to figure out the right next step for someone you love, our admissions team is here to talk it through, whether that’s before, during, or after a Section 35 commitment. Call 508-794-4400 or reach out online to get started.
Worcester, MA
Our Worcester, MA location provides evidence-based treatment modalities, our luxury facility strives to create the most peaceful atmosphere to help our patients recover in the best way.
Gardner, MA
We offer several levels of care at our program in Gardner, Massachusetts. Our outpatient treatment means each person travels to our facility for their treatment sessions and then returns to their homes.
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