Feb 10, 2026
Section 35 in Massachusetts – The Process, the Facilities, and What Comes After
If you are reading this, you are likely scared.
You may have spent sleepless nights worrying that 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.
Massachusetts is one of the few states in the country that gives families a legal path to force a loved one into addiction treatment. It is called Section 35, and for many Bay State families, it is the intervention that saves a life when nothing else has worked.
This guide is written for the family member who needs to know what actually happens — not just the legal theory, but where your loved one will go, how long they’ll be there, what to expect when they’re released, and what you can do before it gets to a courtroom. It is based on Massachusetts General Law Chapter 123, Section 35, as well as our clinical team’s experience supporting families through this process and treating clients after their commitment ends.
Quick answer: Section 35 is a Massachusetts law (M.G.L. c. 123, § 35) that allows a spouse, blood relative, guardian, police officer, physician, or court official to petition a District Court to involuntarily commit a person with a substance use disorder to treatment for up to 90 days. The court must find clear and convincing evidence of (1) a substance use disorder and (2) a likelihood of serious harm. Average commitments last 30–60 days. Patients are sent to a state-assigned facility — families do not choose where their loved one goes.
Can someone be involuntarily committed for addiction in Massachusetts?
Yes. Massachusetts is one of roughly 38 states with civil commitment statutes for substance use disorder, and it is among the most actively used. The Commonwealth processes thousands of Section 35 petitions every year.
However, you cannot “Section” someone simply because they are using drugs or drinking heavily. The legal bar is intentionally high. To grant a Section 35 commitment, the court must find clear and convincing evidence of two elements:
- A substance use disorder. The respondent must have a diagnosable addiction to alcohol, drugs, or both.
- A likelihood of serious harm. Without immediate hospitalization, there must be a substantial risk of physical harm to the person or to others.
What counts as “serious harm”?
This is the part that trips families up. The court is not just looking for chronic addiction — it is looking for imminent danger. Courts typically consider three categories:
- Harm to self. A recent overdose, threats or attempts of suicide, or an inability to protect oneself from obvious physical danger (passing out outdoors in winter, walking into traffic, severe self-neglect).
- Harm to others. Violent threats, physical attacks on family, driving under the influence with passengers, or putting children in danger.
- Inability to care for self. Impairment severe enough that the person cannot meet basic needs — food, shelter, hygiene, urgent medical care.
If the situation does not yet meet these thresholds, many families have better outcomes attempting a structured intervention or facilitating a voluntary admission to addiction treatment before filing.
Who is legally allowed to file a Section 35 petition?
Massachusetts is strict about standing. You cannot file a petition simply because you are a concerned friend, neighbor, or coworker. Under the statute, only the following may petition:
- A spouse
- A blood relative — parent, sibling, adult child, grandparent
- A legal guardian
- A police officer
- A licensed physician
- A court official
A note for unmarried 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 typically coordinate with a blood relative or contact local law enforcement, who can file on the basis of observed behavior.
How to file a Section 35 in Massachusetts: step-by-step
The process is not online. It happens in real time at a Massachusetts District Court, Boston Municipal Court, or Juvenile Court.
Step 1 — Go to a courthouse
You can file at any District Court, Boston Municipal Court, or Juvenile Court in Massachusetts, regardless of where your loved one currently lives or “last resided.” In practice, most families file at the court closest to where their loved one actually is — if a warrant is issued, the police originating from that area will be the ones to locate them. If you don’t know exactly where they are, file at your local court.
Tip from families who have done this: Arrive when the court opens (usually 8:30 AM). Section 35 hearings can take the entire day. Bring water, snacks, a phone charger, and someone to sit with you.
Step 2 — Complete the petition with the Clerk Magistrate
Ask the Clerk Magistrate’s office for the Section 35 petition form. You will be asked to detail, in writing, why you believe your loved one meets the criteria for commitment.
Bring evidence — do not rely on memory. Printed text messages, photos of paraphernalia, hospital discharge papers from a recent overdose, police reports, and photos of injuries all carry weight. Judges hear hundreds of these petitions and are persuaded by facts, not feelings.
Step 3 — Summons or warrant of apprehension
Once the Clerk reviews the petition, the judge decides how to bring your loved one to court.
- Summons. The court issues a summons that is served on the person, requiring them to appear. Rarely used in active crises because most respondents will simply not show up.
- Warrant of apprehension. The judge directs police to locate the person and bring them to court. This is the more common path.
The hard reality. If a warrant is issued, your loved one will likely be transported in handcuffs. This is standard officer-safety protocol, not a punishment. It can be traumatic to watch. Remind yourself: this is about keeping them alive today.
Step 4 — The court clinician’s evaluation
When the respondent arrives at court, they are evaluated by a Court Clinician — typically a court-designated qualified psychologist, physician, or licensed social worker. The clinician interviews the respondent (and often the petitioner) to determine whether the medical and legal criteria are met. The respondent has the right to an attorney; if they cannot afford one, the court will appoint one.
Step 5 — The judge’s order
If the judge agrees with the clinician’s findings, the judge signs an Order of Commitment. The respondent is taken into custody by the Sheriff’s Department and transported directly to a state-designated facility. They do not come home to pack.
Practical advice: Bring a small bag of essentials to court — clothing, toiletries, a list of current medications, glasses, insurance card. Hand it to the court officers when the order is signed. You will likely not see your loved one again before they are transported.
Where will they go? Section 35 facilities in Massachusetts
This is the most-asked question we hear from families, and the most misunderstood part of the process. You do not get to choose the facility. Bed assignment is made by the Department of Public Health, the Department of Mental Health, or the Department of Correction, depending on availability and gender.
The facility your loved one is sent to materially affects their experience. The table below summarizes the active Section 35 commitment facilities in Massachusetts as of May 2026.
Section 35 facilities in Massachusetts at a glance
| Facility | Location | Operated by | Population | Setting |
|---|---|---|---|---|
| Men’s Addiction Treatment Center (MATC) | Brockton | High Point Treatment Center (DPH-overseen) | Men | Healthcare facility — historically the only DPH-contracted Section 35 program for men |
| Massachusetts Alcohol and Substance Abuse Center (MASAC) | Plymouth | Department of Correction (DOC) | Men | Secure correctional setting; legislatively scheduled to close by December 31, 2026 |
| Stonybrook Stabilization and Treatment Center | Ludlow (with step-down in Springfield) | Hampden County Sheriff’s Office | Men | Standalone facility staffed by sheriff-employed treatment specialists |
| Women’s Addiction Treatment Center (WATC) | Brockton | High Point Treatment Center (DPH-overseen) | Women | Hospital-level healthcare facility (~102 beds) |
| Lemuel Shattuck Hospital — Section 35 Unit | Boston (Jamaica Plain) | High Point Treatment Center (DPH-overseen) | Women | Hospital-based unit (~32 beds) |
| Recovery from Addiction Program (RAP) | Taunton | Department of Mental Health (DMH) | Women | Healthcare facility, emphasis on co-occurring mental health |
| Motivating Youth Recovery (MYR) | Worcester | Community Health Link | Youth | Designated youth Section 35 program |
An important update on MASAC. In December 2024, the Massachusetts legislature passed legislation requiring MASAC to close by December 31, 2026, with its beds replaced by treatment beds licensed or approved by DPH or DMH. As of mid-2026, the closure remains contingent on adequate alternative bed capacity coming online — but families filing a Section 35 in 2026 should be aware that the male Section 35 system is in active transition.
What families need to understand about these placements
Women are no longer sent to correctional facilities for Section 35 commitments. Following litigation that ended in 2016, women are committed only to healthcare-operated facilities such as WATC, the Lemuel Shattuck unit, or RAP.
Men face a more uncertain placement. Historically, the majority of male Section 35 beds in Massachusetts have been in correctional settings — including MASAC and Stonybrook, both of which are run by the Department of Correction or the Hampden County Sheriff’s Office. The Commonwealth is actively transitioning toward healthcare-only commitment for men, and the legislatively mandated closure of MASAC by the end of 2026 is part of that shift. In the meantime, men committed under Section 35 may be sent to a DPH-contracted healthcare facility (MATC) or to a correctional setting (MASAC or Stonybrook), depending on bed availability and whether they have any pending criminal matters. Families are often shocked when they realize their loved one is in a facility that operates like a jail. It is important to be prepared for this possibility before you file.
Youth under 18 are placed in MYR or another DPH-designated youth program; they are not sent to adult facilities.
If your loved one is committed to a correctional setting and you have concerns about treatment quality or safety, you have the right to speak with the facility’s clinical staff and to advocate for transfer to a healthcare facility when a bed becomes available.
How long does a Section 35 commitment last?
The statute allows a commitment of up to 90 days. The phrase “up to” is the operative one.
- The average commitment is roughly 30 to 60 days.
- The facility’s clinical team is required to review the commitment at days 30, 45, 60, and 75.
- If the clinical team determines that the person no longer meets the “likelihood of serious harm” standard, they can be released early — sometimes with very little notice to the family.
This last point catches families off guard constantly. You may receive a call telling you that your loved one is being released that day, with no aftercare plan in place. The next section is about why that matters and what to do about it.
What happens after Section 35? Aftercare and continuing treatment
This is the part of the Section 35 conversation that almost no one discusses, and it is where most relapses occur.
A Section 35 commitment forces a person into detox and short-term stabilization. It does not, by itself, treat addiction. By the time someone is medically stable enough to be discharged — often after just 30 days — they have completed withdrawal, attended group sessions, and may have started medication-assisted treatment. What they have not done is built the skills, structure, or support network needed for sustained recovery.
Massachusetts-specific data tells the story plainly. In a Massachusetts review of the DMH-run WRAP program for women, the average time to relapse following Section 35 commitment was just 72 days, and roughly one-third of women relapsed the same day they were released. People with a history of involuntary commitment are 1.4 times more likely to die of an opioid-related overdose than people who have never been committed. The loss of tolerance during commitment makes the post-release window particularly dangerous.
The single most important thing you can do as a family is to have a continuing-care plan in place before discharge, ideally arranged while your loved one is still committed.
One thing many families don’t know: under Section 35, the Department of Public Health is required to make case management services available to the committed person for up to one year following release. These services are designed to help coordinate continuing care, but they are not automatic — your loved one (or you on their behalf) generally needs to engage with them, and they are not a substitute for clinical treatment.
What aftercare typically looks like
A clinically appropriate next step after Section 35 release usually includes one or more of the following:
- A structured outpatient program — either Partial Hospitalization (PHP) or Intensive Outpatient (IOP) — that provides 9–25 hours of clinical care per week.
- Medication-Assisted Treatment (MAT) to maintain the medication protocol started during commitment and protect against overdose.
- Dual diagnosis treatment if a co-occurring mental health condition is present, which is the case for the majority of patients we see post-Section 35.
- Sober housing when home is not a safe environment for early recovery.
- Family therapy and education, because the family system also needs to recover from the events that led to commitment.
If you are reading this before your loved one’s release, this is the right time to start arranging post-discharge care. We help families coordinate this every week. Call us at 844-486-0671, and we’ll walk you through what’s available, what your insurance will cover, and how to time the handoff so there’s no gap between facility discharge and outpatient admission.
Are there alternatives to Section 35?
Section 35 stops immediate use, but because it is involuntary, the person is often resistant to treatment when it begins — which can undermine engagement and increase relapse risk after release. For that reason, the better path, when it is possible, is to get your loved one to treatment voluntarily.
Options to consider before filing
- A professional intervention. A certified interventionist can often persuade a loved one to enter treatment voluntarily. This preserves the relationship and gives your loved one a sense of dignity and choice.
- Voluntary admission to a private treatment program. If you can convince them to go, you also get to choose where they go — including a program that fits their specific clinical needs (trauma-informed care, dual diagnosis, MAT, the right level of care). With Section 35, you take whatever bed the state assigns.
- Medical detox arranged by their physician. If withdrawal is the immediate risk, a primary care physician can often facilitate emergency department admission, which leads to a medical detox bed without involving the courts.
If voluntary treatment fails or the situation is genuinely dangerous, Section 35 remains the right option. But it should generally be a step you take after other options have been exhausted, not the first call.
Frequently asked questions about Section 35 in Massachusetts
Filing the petition is free. The treatment itself is paid for by the Commonwealth and/or the patient’s insurance. There is no out-of-pocket cost to the petitioning family for the commitment itself. Aftercare following release is billed to insurance like any other treatment.
They can refuse to participate, but they cannot leave. They will remain at the facility until clinically discharged or until the 90-day order expires. Refusal of programming may, however, affect the clinical team’s release decision.
No, not as a criminal record. Section 35 is a civil proceeding, not a criminal one, and it does not appear on a CORI (Criminal Offender Record Information) report.
However, families should know about one important consequence of a Section 35 commitment: under recent statutory amendments, the court is required to transmit the committed person’s name, Social Security number, and date of birth to the Department of Criminal Justice Information Services, and the person is prohibited from being issued a Firearm Identification Card or License to Carry.
After 5 years from the date of commitment, they may file a petition for relief to restore firearm eligibility. A Section 35 may also appear on certain mental-health-related background checks for specific licensing purposes; consult an attorney if this is a concern.
Generally, no. Section 35 jurisdiction is based on the respondent’s location in Massachusetts. If your loved one is currently in another state, you would need to use that state’s involuntary commitment statute (if one exists), or arrange for them to come to Massachusetts.
If the petition is denied, your loved one is released, and the matter is closed. You may file again later if circumstances change and the criteria are clearly met. A denied petition does not bar future filings.
If a warrant is issued, police often locate the person within 24–72 hours. If a summons is issued, the timeline is determined by the court date assigned. Most active-crisis filings result in same-day or next-day commitment hearings.
It saves lives in immediate crises by interrupting active use and preventing overdose. Its effectiveness as a long-term recovery intervention is more limited and depends almost entirely on the quality of aftercare following release. Outcomes are significantly better when continuing outpatient treatment, MAT, and family support are arranged before discharge.
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 arranging a voluntary admission to avoid court, want to talk through what to expect from a Section 35 hearing, or are arranging continuing care for a loved one who is about to be released, our admissions team is available 24/7. Conversations are free, confidential, and do not commit you to anything.
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