Section 35: Getting Someone Into Addiction Treatment in Massachusetts

Section 35 is the Massachusetts law that lets a court commit a person with an alcohol or substance use disorder to inpatient treatment for up to 90 days when their use creates a likelihood of serious harm [1]. A police officer, physician, spouse, blood relative, guardian or court official can ask a district court or juvenile court for the order, and a judge decides after a hearing [1].

This page is for a family member in Massachusetts who is weighing that step. It covers who can file, the harm test a judge applies, each stage and the time limits the statute sets, where the person goes, what it costs, and why a voluntary admission is often the better first move. It explains the law. It is not legal advice, and the clerk’s office at your local court or an attorney is the right place to ask about your case. For how other states handle this, see our guide to involuntary commitment for addiction.

If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental-health crisis call or text 988.

What Section 35 is, and how it differs from Section 12

The law is Section 35 of Chapter 123 of the Massachusetts General Laws [1]. The state’s Bureau of Substance Addiction Services describes it as a law that lets a qualified person ask a court to order someone civilly committed and treated involuntarily for an alcohol or substance use disorder [2]. It is a civil case, not a criminal one [3].

The statute defines both conditions. An alcohol use disorder means chronic or habitual drinking to the point that it substantially injures the person’s health or gets in the way of their social or economic life, or that they have lost the power of self-control over it [1]. A substance use disorder is defined the same way for controlled substances and for deliberately inhaling toxic vapors [1].

The courts call Section 35 an emergency measure, not a long-term solution [3]. Having a substance use disorder is not enough on its own to be committed [3]. The Department of Public Health goes further and says involuntary commitment should be the last option for treatment [2].

Section 12 is a different law. It covers emergency hospitalization when a clinician or, in some emergencies, a police officer believes that not hospitalizing a person would create a likelihood of serious harm because of mental illness, and it allows a 3-day period at an authorized facility [4]. If the risk comes from a mental illness rather than substance use, the health department says Section 12 may be more appropriate [2]. For treatment options around the state, see our page on drug and alcohol rehab in Massachusetts.

Who can file a Section 35 petition

The statute names six kinds of petitioner [1]:

• a police officer
• a physician
• a spouse
• a blood relative
• a guardian
• a court official

The courts list who cannot file. That includes the person with the disorder, girlfriends, boyfriends and other partners, therapists and social workers, friends, neighbors, landlords, representative payees and concerned citizens [3]. If you are not on the statute’s list, one of the people who is may be able to file instead.

The petition is a written request to any district court or any division of the juvenile court [1]. The court system’s own guide says to go to your nearest District Court, Boston Municipal Court or Juvenile Court, and that the court opens at 8:30 a.m. [5]. The health department adds that a petition may be filed at any District or Juvenile Court, whatever the person’s home address [2]. At the clerk’s office, ask for the person who helps with Section 35 petitions. You will be given the form, and it helps if you know where the person is [5].

One point to weigh before you sign. Once the petition is filed, you cannot withdraw it without the court’s permission [5]. For forms, local practice and what a judge in your court expects to see, ask the clerk’s office or an attorney. This page cannot tell you how a particular court runs its docket.

The criteria a court looks for

A judge can commit someone only after finding two things [1]:

1. The person has an alcohol use disorder, a substance use disorder, or both.
2. There is a likelihood of serious harm as a result of that disorder.

“Likelihood of serious harm” has a legal definition, and it has three limbs. Any one of them is enough [6]:

• a substantial risk of physical harm to the person themselves, shown by evidence of, threats of, or attempts at suicide or serious bodily harm
• a substantial risk of physical harm to other people, shown by evidence of homicidal or other violent behavior, or evidence that others are placed in reasonable fear of violent behavior and serious physical harm
• a very substantial risk of physical impairment or injury to the person themselves, shown by evidence that their judgment is so affected that they cannot protect themselves in the community, and that reasonable provision for their protection is not available there

The harm has to be current and directly related to the substance use [3]. The health department says both findings must rest on clear and convincing evidence, and that a judge should order a commitment only when less restrictive alternatives are unavailable [2]. The courts make the same point from the other side: it is not enough that the person refuses to stop using if there is no immediate risk because of the disorder [3].

So describe what you have actually seen, with dates. Threats or attempts at self-harm, violent behavior and signs that the person cannot keep themselves safe are the kinds of facts the three limbs describe [6]. If you have been softening the fallout of someone’s use for a long time, our page on helping versus enabling may help you sort out what to change while this runs. Whether your facts meet the test is a question for an attorney.

What happens after you file: the steps and time limits

Every number below comes from the source cited beside it. Treat them as the limits the law and the courts set, not as a calendar.

Summons or warrant

When a petition arrives, the court must schedule a hearing immediately and have a summons served on the person [1]. If the person does not appear, the court may issue a warrant for their arrest [1]. If there are reasonable grounds to believe the person will not appear, and any delay would put their physical well-being in immediate danger, the judge may issue a warrant of apprehension at the start [1].

That warrant lasts up to 5 consecutive days, not counting Saturdays, Sundays and legal holidays, or until the person is brought to court, whichever comes first [1]. The police may make the arrest only if the person can be taken straight before a judge [1]. The court system’s guide spells out what that means for a family: the police can arrest only while court is open, not at night or on weekends, and they bring the person to the courthouse between 8:30 a.m. and 4:30 p.m. [5]. The person will be handcuffed and held in a cell until the hearing [5].

A lawyer and an examination

The person has the right to a lawyer and may present independent expert or other testimony [1]. If the court finds them indigent, it must appoint counsel at once [1]. That lawyer represents the person named in the petition, not the family member who filed it [5].

The court must order an examination by a qualified physician, psychologist or social worker [1]. The court clinician interviews both the person and the petitioner, and may contact past treatment providers [5]. The health department notes that the person has a right to refuse the examination [2].

The hearing and the order

The hearing must include expert testimony and may include other evidence [1]. Both sides get to present evidence and be heard [5]. If the judge finds both criteria met, the court may commit the person for no more than 90 days [1]. If not, the petition is denied and the person is released [5].

The court system says that although the law allows up to 90 days, the commitment is usually much shorter [5]. While it lasts, the facility’s superintendent must review whether it is still necessary on days 30, 45, 60 and 75 [1]. The superintendent can release the person early in writing once release will not result in a likelihood of serious harm, and must notify the court and, if the person consents, the petitioner [1]. After the commitment, case management services from the Department of Public Health are available for up to 1 year [1].

Consequences that outlast the order

The court must send the person’s name and identifying details to the state’s criminal justice information agency, and the person is barred from getting a firearm identification card or a license to carry [1]. After 5 years they may ask the committing court to restore that right [1].

Where the person goes, and what happens after release

A commitment is for inpatient care in a facility licensed or approved by the Department of Public Health or the Department of Mental Health [1]. If the health department tells the court no suitable facility is available, or the court finds that a secure facility is the only appropriate setting, the person may be sent to a secure facility, housed and treated apart from people serving a criminal sentence [1]. The court system says the person is held at court until the sheriff’s department transports them [5]. The health department adds that transport usually happens after the courts close, so the wait can be several hours [2].

The court cannot commit someone to a private facility, and it cannot force an insurance company to pay [5]. Neither the petitioner nor the person chooses where they go. The facilities are run by the Department of Public Health or the Department of Correction [5]. A facility used for a substance use disorder commitment must be able to provide every FDA-approved medication for opioid use disorder to anyone for whom it is medically appropriate [1]. A person with complicated medical conditions may need hospital-level care instead [7].

What comes next matters as much as the commitment. On release, the person is to be encouraged to consent to further treatment and may stay on voluntarily [1]. The facility makes aftercare recommendations and referrals, but the court has no say over whether the person follows them [7]. The facility also needs the person’s signed release before it can talk to family about their care, including their discharge date [7]. Our page on aftercare after a treatment stay explains what that next step can look like.

That next step, or a voluntary admission before any petition, is where a private program can come in. Our Massachusetts campus is Washburn House in Worcester. Its own page lists medical detox, residential inpatient rehab, a partial hospitalization program, an intensive outpatient program and aftercare. Whether it can take a particular person, and when, is a question for admissions, who will tell you on the call what the campus can accept in your situation.

What it costs, and how insurance fits in

Ask the clerk’s office about any filing or service costs in your court before you go. If the person cannot afford a lawyer, the court appoints one [1].

The commitment itself is sent to a state-run or state-approved facility, and the court cannot make an insurer pay for treatment [5]. Voluntary treatment, before a petition or after release, is a separate bill that depends on the person’s coverage. For a sense of scale, our own cost page puts detox at $250 to $800 a day and 30 days of basic residential care at $2,000 to $20,000. Those are our published ranges, not official figures. See what rehab costs for the full list.

MassHealth says it pays for behavioral health and substance use disorder services, and that members, including those in managed care plans, do not have to pay copayments for covered services [8]. If the person is enrolled in a private health plan through MassHealth, MassHealth says to call that plan’s member-services department for the names of behavioral health and substance use disorder providers in the plan [8]. Our page on MassHealth and addiction treatment covers more. For a private plan, see Blue Cross Blue Shield of Massachusetts coverage for rehab, and have the benefits verified before assuming anything.

Try a voluntary admission first when you can

The state’s own advice is to start here. The health department says Section 35 is not a good first treatment option, that many private and public programs can treat someone who is willing to go, and that outcomes are often better when a person is motivated and treated in the least restrictive setting [2]. It also notes that the threat of commitment alone often leads a person to enter treatment voluntarily [2].

A voluntary admission is usually quicker, too. It skips the petition, the warrant and the court day. That makes one more calm conversation worth trying. Some families plan who says what, and when, with outside support, and our page on how interventions work covers how that planning goes. Keep it specific: what you have seen, that you are worried, and that a place is ready.

You can also make the first call yourself, before the person has agreed to anything. Ask what a campus can accept, what the person’s coverage may pay and what the first day involves. Our page on how admission works walks through the steps. If you are near central Massachusetts, see our rehab options in Worcester. For comparison with another state’s law, see Florida’s Marchman Act.

Safety while you wait: overdose risk and emergencies

If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental-health crisis call or text 988.

The court system’s guide says that if you think there is an immediate danger, you should contact your local police or emergency services rather than wait on a petition [5]. A warrant can stay open for up to 5 days, not counting weekends and holidays [1], and arrests happen only during court hours [5]. That gap can be risky.

The riskiest moment can come after a break from use. MedlinePlus notes that most opioid overdose deaths occur in people who have just detoxed. Withdrawal reduces tolerance, so a person who has just gone through it can overdose on a much smaller dose than they used to take [9]. That can apply when a commitment ends early or a person leaves treatment. Withdrawal can also need medical care of its own, which is what medical detox is for.

Naloxone rapidly reverses the effects of an opioid overdose. In 2023 the FDA approved a naloxone nasal spray as the first naloxone product for use without a prescription [10].

While you wait, keep notes. Write down dates, what you saw and any threats of harm. Those are the facts the harm test turns on [6].

Frequently Asked Questions

Sources

1. The General Court of the Commonwealth of Massachusetts. (2026). General Laws, Part I, Title XVII, Chapter 123, Section 35. The General Court of the Commonwealth of Massachusetts. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section35
2. Massachusetts Department of Public Health, Bureau of Substance Addiction Services. (2026). Section 35: The Process and criteria. Mass.gov. https://www.mass.gov/info-details/section-35-the-process-and-criteria
3. Massachusetts District Court. (2026). Learn about eligibility for Section 35 petitions. Mass.gov. https://www.mass.gov/info-details/learn-about-eligibility-for-section-35-petitions
4. The General Court of the Commonwealth of Massachusetts. (2026). General Laws, Part I, Title XVII, Chapter 123, Section 12: Emergency restraint and hospitalization of persons posing risk of serious harm by reason of mental illness. The General Court of the Commonwealth of Massachusetts. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section12
5. Massachusetts District Court. (2026). File a Section 35 petition. Mass.gov. https://www.mass.gov/how-to/file-a-section-35-petition
6. The General Court of the Commonwealth of Massachusetts. (2026). General Laws, Part I, Title XVII, Chapter 123, Section 1: Definitions. The General Court of the Commonwealth of Massachusetts. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section1
7. Massachusetts District Court. (2026). Learn about treatment under Section 35 petitions. Mass.gov. https://www.mass.gov/info-details/learn-about-treatment-under-section-35-petitions
8. MassHealth. (2026). MassHealth Covered Services. Mass.gov. https://www.mass.gov/info-details/masshealth-covered-services
9. MedlinePlus, National Library of Medicine. (2026). Opiate and opioid withdrawal. MedlinePlus Medical Encyclopedia. https://medlineplus.gov/ency/article/000949.htm
10. U.S. Food and Drug Administration. (2023). FDA Approves First Over-the-Counter Naloxone Nasal Spray. U.S. Food and Drug Administration. https://www.fda.gov/news-events/press-announcements/fda-approves-first-over-counter-naloxone-nasal-spray

This page is for general information and is not medical advice. Only a licensed clinician who knows your history can tell you what is right for you. If you or someone you know is in immediate danger, call 911. For free, confidential support 24/7, call or text 988.

Author

Kevin Wandler, MD

Chief Medical Officer, The Recovery Village