If you have a family member struggling with addiction, or if you are facing a criminal case where substance use is at the center of things, you have probably heard the term “Section 35” at some point. It comes up a lot, and it is often misunderstood. Here is a plain-language explanation of what it actually is, how the process works, and how it intersects with criminal cases.
What Section 35 Is
Section 35 refers to Massachusetts General Laws c. 123, Section 35, which allows a court to involuntarily commit a person to a treatment facility for alcohol or substance use disorder. Unlike most civil commitment laws, this one is specifically focused on addiction, not mental illness in the traditional sense. The statute recognizes that someone can pose a serious risk of harm to themselves or others because of their substance use, even if they are not willing to seek help on their own
Who Can File a Petition?
Several categories of people can petition the court for a Section 35 commitment. These include a police officer, a physician, a court official, or a family or household member, specifically a spouse, blood relative, or guardian. Friends and neighbors generally cannot file on their own. The petition is filed in District Court or Juvenile Court if the person is under 18.
The Hearing Process
Once a petition is filed, the court schedules a hearing relatively quickly, sometimes the same day. The person who is the subject of the petition has the right to be present and to have an attorney appointed if they cannot afford one. A qualified mental health or addiction professional will evaluate the person, and the judge hears evidence from the petitioner and any other relevant witnesses.
The legal standard is not simply that someone has an addiction. The court must find that the person is an alcoholic or substance abuser and that, as a result, they are likely to cause serious harm to themselves or others. That is a specific legal threshold, and it is not always met just because someone is struggling with substance use.
If the court finds the standard is met, it can order the person committed for up to 90 days, though the actual length of treatment is determined by the facility based on clinical need.
Where Can Someone Be Sent?
Men committed under Section 35 may be placed in secure treatment facilities operated within the Department of Corrections (DOC) system, such as the Massachusetts Alcohol and Substance Abuse Center (MASAC) in Plymouth, depending on availability. Men may also be placed at the Men’s Addiction Treatment Center in Brockton. The statute still references Bridgewater as a designated facility, but the current operational reality is Plymouth and Brockton. If no suitable licensed treatment facility has a bed available, a secure correctional placement becomes the option.
This is a point of significant and ongoing controversy. Being placed in a DOC-operated facility means being housed in a correctional environment despite not having been convicted of any crime. There has been substantial litigation and advocacy around this issue, with critics arguing it is both unconstitutional and counterproductive to recovery.
Women committed under Section 35 are sent to licensed treatment facilities rather than correctional settings. Current placements for women include the WRAP unit at Taunton State Hospital and a unit at Lemuel Shattuck Hospital in Jamaica Plain.
Placement ultimately depends on bed availability, which remains a persistent challenge in Massachusetts.
Duration and Discharge
The maximum commitment period is 90 days, but most people are released before then when the treating facility determines they no longer meet the clinical criteria. The committed person can also petition for early release. Commitment is not indefinite, and the goal is stabilization and transition to voluntary treatment.
How Section 35 Intersects With Criminal Cases
This is where things get complicated. Section 35 proceedings are civil, not criminal. But they often arise in parallel with criminal cases, and the two can affect each other in several ways.
A family member might file a Section 35 petition while a defendant has an open criminal case. In some situations, court personnel or probation may initiate or encourage a Section 35 petition. Evidence or statements that arise during civil commitment proceedings are generally not automatically admissible in a criminal case, but the overlap creates real strategic considerations.
For defense attorneys, it is important to understand when a client is dealing with both processes at once. It can affect bail status, compliance with probation, and the overall trajectory of a case. It can also, in the right circumstances, support arguments for treatment-based resolutions like drug court or probation with treatment conditions rather than incarceration.
A Few Things to Keep in Mind
Section 35 is a significant intervention. It removes someone’s freedom, even if temporarily, based on a civil court finding. Families sometimes pursue it out of desperation and genuine concern, but it is worth understanding the process and the potential consequences before going down that road.
One consequence that often surprises people: a Section 35 commitment triggers a firearms disqualification under Massachusetts law. The court is required to transmit the person’s identifying information to the Department of Criminal Justice Information Services, which shares it with licensing authorities.
A person who has been committed under Section 35 is prohibited from holding a Firearms Identification Card or a License to Carry unless they later petition the court for relief, which may be done after five years, requires a separate process, and is subject to court approval. This is a collateral consequence that comes up regularly in criminal defense matters, particularly in cases involving firearms charges.
If you are facing this situation from either side, talking to a criminal defense attorney who understands both the criminal and civil dimensions is worth doing.
At the Law Office of Matthew W. Peterson, our experienced Boston criminal defense attorneys handle a wide range of criminal cases. With 15 years of combined legal experience, we are committed to representing clients facing serious charges. Call us today to schedule a strategy session.
