Section 35 in Massachusetts

If you are reading this, you are likely scared.

You may have spent sleepless nights worrying if the next phone call will be the one you’ve been dreading. You’ve probably tried pleading, bargaining, and helping, but the addiction has only gotten worse.

Families have a legal “nuclear option” known as Section 35 in Massachusetts.

Section 35 (Massachusetts General Law Chapter 123, Section 35) allows a qualified person to request a court order requiring someone to be involuntarily committed for alcohol or substance use treatment.

It is not a decision to take lightly. It is stressful, emotional, and legally complex. But for many families in the Commonwealth, it is the intervention that saves a life when all other options have failed.

This guide will walk you through exactly how it works—not just the legal theory, but the reality of what happens in the courtroom and beyond.

Can you be involuntarily committed in Massachusetts?

The short answer is yes. Massachusetts is one of the few states that allows families to force a loved one into treatment. However, you cannot “Section” someone just because they are using drugs or drinking too much. The legal bar is high.

To grant a Section 35, the court must find “clear and convincing evidence” of two things:

1. Substance Use Disorder: The person has a diagnosable addiction to alcohol or drugs.
2. Likelihood of Serious Harm: This is the critical piece. You must prove that without immediate hospitalization, there is a substantial risk of physical harm to the person or others.

What counts as “Serious Harm”?

• Harm to Self: Recent overdose, threats of suicide, or an inability to protect themselves (e.g., passing out outside in freezing weather).
• Harm to Others: Violent threats, physical attacks, or putting family members in danger.
• Inability to Care for Self: They are so impaired that they cannot attend to basic needs like food, shelter, or medical care.

Who can file a Section 35 petition?

You cannot file a petition just because you are a concerned friend or neighbor. The law is strict about who has standing to ask the court for help. You must be:

• A Spouse
• A Blood Relative (Parent, Sibling, Adult Child)
• A Legal Guardian
• A Police Officer
• A Physician or Court Official

Note for Partners: If you are a boyfriend, girlfriend, or fiancé, you technically cannot file a Section 35 in Massachusetts unless you are also a legal guardian. In these cases, families often coordinate with a blood relative or local law enforcement to assist.

The Process – How to File for Section 35 in MA

This is not an online process. It happens in real-time at your local District or Juvenile Court.

Step 1 – Go to the Court

You must file at the District Court that covers the town where the person currently is. If you don’t know where they are, you can file where they “last resided.”

• Tip: Go early. Arrive when the court opens (usually 8:30 AM). These processes take hours.

Step 2 – The Paperwork

Go to the Clerk Magistrate’s office and ask for the “Section 35 Petition.” You will fill out forms detailing why you believe they are a danger.

• Clinician’s Note: Bring Evidence. Do not rely on memory. Bring printed text messages, photos of drug paraphernalia, medical records of recent overdoses, or police reports. The judge needs facts, not just feelings.

Step 3 – The Warrant or Summons

Once the paperwork is reviewed, the judge decides how to get the person to court.

• Summons: The court mails an order for them to appear. (Rarely used in emergencies).
• Warrant: The judge issues a “Warrant of Apprehension.” This directs the police to pick the person up and bring them to court immediately.
• The Hard Reality: If a warrant is issued, the police will likely handcuff your loved one to transport them. This is standard protocol for safety, not a punishment. It can be traumatic to watch, but remind yourself: this is about keeping them alive today.

Step 4 – The Medical Exam

Once in court, the person is evaluated by a Court Clinician (usually a forensic psychologist). They will interview the person (and often you) to determine if they meet the medical criteria for commitment.

Step 5 – The Judge’s Order

If the judge agrees with the clinician, they will sign the Order of Commitment. The person is then taken into custody by the Sheriff’s Department and transported directly to a facility. They do not come home to pack.

Advice for Families: Bring a small bag of essentials (clothes, toiletries, list of medications) to the court with you. Hand it to the court officers. You likely won’t see your loved one before they are transported.

Where do they go? (The “Bed Search” Reality)

This is the most common question we get, and the answer is complicated. You cannot choose the facility. The state (Department of Public Health or Department of Mental Health) assigns the bed based on availability.

For Women: Women are generally sent to secure, hospital-level facilities like the Women’s Addiction Treatment Center (WATC) in New Bedford or other DPH-designated units. Massachusetts law prohibits sending women to correctional facilities for Section 35.

For Men: The situation for men is different. While the state is actively transitioning toward healthcare-only facilities, beds are scarce.

• Many men are sent to the Men’s Addiction Treatment Center (MATC) in Brockton.
• However, due to bed shortages, some men may still be sent to secure facilities that operate with higher security, such as MASAC (Massachusetts Alcohol and Substance Abuse Center) in Plymouth.
• Honest Talk: MASAC is run by the Department of Correction. While it provides treatment, it feels like a jail. It is secure, locked, and austere. Families are often shocked by this, so it is vital to be prepared for this possibility.

How long does Section 35 last?

The law allows for a commitment of up to 90 days. However, “up to” is the key phrase.

• The average stay is often 30 to 60 days.
• The facility is required to review the commitment at days 30, 45, 60, and 75.
• If the medical staff determines the person is no longer a “likelihood of serious harm,” they can be released early—sometimes with very little notice to the family.

Is there another way?

Section 35 is effective at stopping immediate use, but it is involuntary. Because the person is forced to go, they may be resistant to the therapy, leading to relapse upon release.

Before you file, consider these steps:

1. Professional Intervention: Hiring a certified interventionist can often convince a loved one to go voluntarily. This preserves the relationship and offers them a sense of dignity/choice.
2. Voluntary Admission: If you can convince them to go, you have control over where they go—choosing a facility that fits their specific needs (dual diagnosis, trauma-informed, etc.) rather than taking whatever state bed is open.

We Are Here to Help

If you are considering a Section 35 in Massachusetts, you are in a crisis. You don’t have to navigate it alone.

Whether you need help finding a voluntary detox bed to avoid court, or just need advice on preparing for the Section 35 hearing, our team is available.

Speak to a Treatment Navigator (Confidential & 24/7)

Disclaimer: This post is for informational purposes only and does not constitute legal advice. If you believe there is an immediate medical emergency, please call 911.