Browse · Section 35 in Massachusetts
The short answer
What is Section 35 in Massachusetts?
Section 35 is a civil court process under Chapter 123, Section 35 of the Massachusetts General Laws. A spouse, blood relative, guardian, police officer, physician or court official can ask a District Court, the Boston Municipal Court or a Juvenile Court to commit someone for treatment of an alcohol or substance use disorder. A judge can order it only if the person has that disorder and there is a likelihood of serious harm because of it. A commitment can last up to 90 days in a facility the state designates, and the courts say it is usually much shorter. The Department of Public Health calls involuntary commitment the last option for treatment.
Clear Steps Recovery is an outpatient treatment provider with centers at 392 Chestnut Street, Suite 200 in Needham, Massachusetts and 1D Commons Dr, Units 21 & 22 in Londonderry, New Hampshire. We do not file Section 35 petitions, we do not provide Section 35 beds, and neither center has inpatient or overnight beds. We wrote this guide because families call us with these questions, and because the step after a commitment, or instead of one, is often outpatient care. It is family information drawn from the statute and the state's court and public health pages, each linked below, and it is not legal advice. For advice about a specific case, talk with a lawyer or the clerk's office.
From petition to discharge
How a Section 35 works, step by step
Here is the sequence the Massachusetts courts and the Department of Public Health describe, in the order a family lives it.
- 01
Go to the clerk's office and file the petition: Go to the nearest District Court, the Boston Municipal Court or a Juvenile Court as early as you can. The courts open at 8:30 a.m. Ask the clerk's office for the person who helps with Section 35 petitions. You fill out and sign the petition, and it helps to know where your loved one is right now. Once the petition is filed, you cannot withdraw it without the court's permission.
- 02
Talk with the judge: The judge asks you why you are filing. The judge then decides whether to bring your loved one to court by a summons, a mailed notice of a hearing date, or by a warrant of apprehension, which is used when there are reasonable grounds to believe the person will not come and a delay would put their physical well-being in immediate danger.
- 03
The warrant, if one is issued: The warrant goes to the local police, who look for your loved one at the address or place you give them. By law they can only arrest the person when court is open, so they can be brought before a judge right away. The warrant lasts up to five consecutive days, not counting Saturdays, Sundays and legal holidays, or until the person is in court. The courts describe the person being handcuffed, taken to court and held in a holding cell until the hearing.
- 04
A lawyer and a clinical examination: In court, your loved one is given a lawyer, free if they cannot afford one. That lawyer represents them, not the family. The court orders an examination by a qualified physician, psychologist or social worker, who interviews both the person and the petitioner and may contact their treatment providers. The person can refuse the examination.
- 05
The hearing: The court clinician testifies, and both the petitioner and the person can present evidence. The judge commits only if both legal criteria are met, which are explained below. If either is not met, the petition is denied and the person is released.
- 06
Commitment and transport: If the judge orders commitment, the person waits in a holding cell until the Sheriff's Department takes them to the facility, which usually happens after court closes, so it can take several hours. The court cannot commit someone to a private facility and cannot make an insurance company pay, and neither the family nor the person chooses the facility.
- 07
Treatment and reviews: The facility first assesses whether the person needs withdrawal management. After that come clinical support services, education about addiction and relapse prevention, and work with counselors and case managers on an aftercare plan. The superintendent reviews whether the commitment is still necessary on days 30, 45, 60 and 75, and can release the person earlier when release will not result in a likelihood of serious harm.
- 08
Discharge and aftercare: The facility makes aftercare recommendations and referrals. The court cannot make the person take part, and the law says they are to be encouraged to continue treatment and may stay on voluntarily. The statute also makes Department of Public Health case management available for up to a year after a commitment.
Sources for these steps: M.G.L. c.123, section 35, and the Massachusetts courts' pages on filing a Section 35 petition and treatment under Section 35, with the Department of Public Health's Section 35 process and criteria.
The petitioner
Who can file a Section 35 petition in Massachusetts?
The statute names six kinds of people who can petition, and the courts are strict about the list. It does not matter where your loved one lives. The Department of Public Health says a petition can be filed at any District or Juvenile Court, regardless of the home address of the person it names.
- A spouse
- A blood relative
- A guardian
- A police officer
- A physician
- A court official
People who cannot petition, according to the courts: the person with the addiction, girlfriends, boyfriends and other significant others, therapists and social workers, friends, neighbors, landlords, representative payees and concerned citizens. If you are not on the list, a relative who is on it can file, or you can talk with the person's physician. For families around Needham, the nearest court is Dedham District Court at 631 High St., Dedham, which serves Dedham, Dover, Medfield, Needham, Norwood, Wellesley and Westwood (mass.gov). Its clerk's office number is (781) 329-4777. Source for who can and cannot file: Learn about eligibility for Section 35 petitions.
The legal standard
What does a judge have to find before ordering a Section 35?
Two things, and the Department of Public Health describes the proof needed as clear and convincing evidence. First, that the person has an alcohol use disorder, a substance use disorder or both. The statute defines these as chronic or habitual use that substantially injures their health or substantially interferes with their social or economic functioning, or use they have lost the power to control. Second, that there is a likelihood of serious harm as a result of that disorder. The law defines likelihood of serious harm as one of three things:
- 01
Risk to themselves: A substantial risk of physical harm to the person, shown by threats of or attempts at suicide or serious bodily harm.
- 02
Risk to others: A substantial risk of physical harm to other people, shown by homicidal or other violent behavior, or by others being placed in reasonable fear of violent behavior and serious physical harm.
- 03
Unable to protect themselves: A very substantial risk of physical impairment or injury to the person, because their judgment is so affected that they cannot protect themselves in the community and reasonable provision for their protection is not available there.
The risk has to be current or imminent and directly tied to the substance use. Having a substance use disorder is not enough on its own, and neither is refusing to stop using when there is no immediate risk. The Department of Public Health adds that a judge should order a commitment only when less restrictive alternatives are unavailable. Sources: Section 35: the process and criteria and eligibility for Section 35 petitions.
Where and how long
Where do people go, and how long does a Section 35 last?
The court clinician recommends a facility to the judge based on the person's needs and which beds are open. The facilities are run by the Department of Public Health or the Department of Correction, and a commitment cannot be to a private facility of the family's choosing. If the Department of Public Health tells the court there is no suitable facility, or the judge finds that only a secure setting is appropriate, the law allows commitment to a secure facility, where the person must be housed and treated separately from people serving a criminal sentence. People with complicated medical conditions may need a hospital-based program instead.
As of September 2026, the Department of Public Health lists these programs as approved to treat civil commitments. For men: the Massachusetts Alcohol and Substance Abuse Center in Plymouth, Stonybrook Stabilization and Treatment Centers in Ludlow, High Point Meadowbrook Treatment Center in Brockton, the Men's Recovery from Addictions Program in Taunton and High Point Treatment Center in Plymouth. For women: the Women's Addiction Treatment Center in New Bedford, the Women's Recovery from Addictions Program in Taunton, Behavioral Health Network New View Treatment Center in Greenfield, Recovery Centers of America in Danvers and High Point Treatment Center in Plymouth. Check the current list on mass.gov before relying on it.
The law caps a commitment at 90 days. The courts say it is usually much shorter, and the Department of Public Health says it can end early once the person no longer meets the criteria. Facilities must ask the person for consent to tell the petitioner about a release or transfer, and the person must sign a release before the facility can discuss their treatment with family, including when they are discharged. If you want to be told, the person's consent is the key. The facility's own rules on visits, phones and money vary, and you can ask the facility for them once you know where your loved one was sent.
Two different laws
Section 35 vs Section 12: what is the difference?
Families often hear both numbers in the same week. They come from the same chapter of Massachusetts law but cover different situations. The Department of Public Health says that when someone is a risk to themselves or others because of a mental illness, Section 12 may be the more appropriate route, and that a person whose psychiatric symptoms need stabilizing first may be referred to a psychiatric hospital or committed under Section 12.
| Compare | Section 35 | Section 12 |
|---|---|---|
| What it is for | An alcohol or substance use disorder with a likelihood of serious harm as a result | A likelihood of serious harm by reason of mental illness |
| Who starts it | A petition by a spouse, blood relative, guardian, police officer, physician or court official | An application by a licensed physician, advanced practice registered nurse, qualified psychologist or licensed independent clinical social worker, or a police officer in an emergency when none of them is available. Any person can also apply to a District Court or Juvenile Court judge |
| Court hearing first? | Yes. A judge decides after a hearing with a court clinician's testimony | Not for a clinician's emergency application. The person is examined at the facility and can ask for an emergency court hearing if they believe the admission is a misuse of the law |
| How long | Up to 90 days, usually much shorter, with reviews on days 30, 45, 60 and 75 | Up to 3 days, then discharge unless the facility seeks a longer commitment under sections 7 and 8 or the person stays voluntarily |
| Where | A facility the Department of Public Health designates, never a private facility the family picks | A public facility or a private facility authorized for this purpose |
| Legal source | M.G.L. c.123, section 35 | M.G.L. c.123, section 12 |
If you think someone is in immediate danger, call 911. For a mental health crisis, you can also call or text 988.
Records and warrants
Does a Section 35 go on your record?
A Section 35 is a civil procedure, not a criminal charge, and the courts describe it that way. The law does have lasting consequences, though. When a court orders a commitment, it must send the person's name and nonclinical identifying information, including their Social Security number and date of birth, to the Department of Criminal Justice Information Services. The court must tell the person they cannot be issued a firearm identification card or a license to carry. Five years after the commitment, the person can ask the court that ordered it to restore their ability to have a firearm, and a denial can be appealed.
A warrant of apprehension lasts up to five consecutive days, not counting Saturdays, Sundays and legal holidays, or until the person appears in court. An arrest on the warrant can only happen when the person can be brought straight before a judge, which is why the police act during court hours. If your loved one uses again after a commitment, you can file a new petition, but the court will not commit them automatically because it happened before. Sources: M.G.L. c.123, section 35 and Section 35: the process and criteria.
Before, or instead of, a petition
What families can do before, or instead of, a Section 35
The Department of Public Health is direct about this: Section 35 is not a good first treatment option, outcomes are often better when a person is willing to take part in treatment in the least restrictive setting, and often the threat of commitment alone moves someone to start treatment voluntarily. A voluntary start also means your loved one, with you, can choose the program, which a court cannot offer. Here is where families in Massachusetts can turn first.
- The Massachusetts Substance Use Helpline, free and open 24/7: call or text (800) 327-5050, text HOPE to the same number, or chat at HelplineMA.org
- The Behavioral Health Help Line, free and open 24/7 for mental health and substance use: call or text (833) 773-2445
- Learn to Cope, a peer-led support network for families: (508) 738-5148
- Al-Anon for families and friends of people who drink: (508) 366-0556, and Nar-Anon for families of people who use drugs: (866) 624-3578
- A planned family conversation, with or without a professional interventionist. Our <a href="/recovery-programs/intervention-help">intervention help page</a> explains how that works
- A call to Clear Steps admissions at (603) 769-8981, answered 24/7, to learn whether outpatient care fits and whether their insurance covers it
The helpline and family group numbers come from the Department of Public Health's list of free and confidential helplines. If you believe there is immediate danger, contact your local police or call 911.
After discharge
After a Section 35: stepping down to Day Treatment or Evening Treatment in Needham
Discharge is the moment families worry about most, because the court's part is over and the next step is voluntary. The facility makes aftercare recommendations and referrals. When outpatient treatment is part of that plan, Clear Steps Recovery's Needham center can be the next step. Your loved one can call our admissions line directly, before or after discharge, and you can call ahead to ask how it works. If the facility's staff want to coordinate with us, they will need your loved one's written consent. We coordinate a clinical assessment, often the same day, and a start date.
In Massachusetts our programs are Day Treatment, full clinical days on weekdays, and Evening Treatment on Monday through Thursday from 6 to 9 pm, with the Outpatient Program as the step down and medication-assisted treatment when it fits. A licensed clinician recommends the level at the assessment. The center is at 392 Chestnut Street, Suite 200, off Route 128 near the Needham Heights commuter rail stop, with free parking. If withdrawal needs medical supervision first, we arrange a detox referral to a partner facility and plan the step into our program for the day of discharge. MassHealth covers substance use treatment through its plans, and we confirm coverage for each MassHealth plan case by case. We are not in network with Medicare at this time.
One thing we cannot change: once your loved one is our client, federal privacy rules for substance use treatment records mean nothing about their care is shared with family without their written consent. We will ask them for it, because families who are included tend to help the most. Your own support does not have to wait for theirs. Our Family Support Program and the family groups above are open to you now.
In New Hampshire
Live in New Hampshire? There is no Section 35 equivalent
New Hampshire has no court process like Section 35 for addiction alone. Its involuntary admission law, RSA 135-C, is written for mental illness, and RSA 135-C:2, X says mental illness does not include impairment caused primarily by intoxication from alcohol or drugs, or by dependence on or addiction to them. New Hampshire's substance use treatment law, RSA 172:13, provides for voluntary admission, apart from court-ordered examinations in criminal cases. That makes the voluntary routes the main ones: dial 211 to reach The Doorway NH, or call us about our Londonderry programs. Our intervention help page covers the New Hampshire side in more detail.
Frequently asked
Section 35 questions families ask
What is a Section 35 in Massachusetts?
Section 35 of Chapter 123 of the Massachusetts General Laws is a civil court process that lets a judge commit someone for treatment of an alcohol or substance use disorder when there is a likelihood of serious harm because of it. A commitment can last up to 90 days in a facility the state designates, and the courts say it is usually much shorter. The Department of Public Health calls it the last option for treatment.
Who can Section 35 someone in Massachusetts?
Only a spouse, a blood relative, a guardian, a police officer, a physician or a court official can file the petition. The person with the addiction, girlfriends, boyfriends, therapists, social workers, friends, neighbors and landlords cannot. The petition can be filed at any District Court, the Boston Municipal Court or a Juvenile Court, wherever the person lives.
What evidence is needed for a Section 35?
The judge must find, by clear and convincing evidence according to the Department of Public Health, that the person has an alcohol or substance use disorder and that there is a likelihood of serious harm as a result: a substantial risk of harm to themselves or others, or a very substantial risk of injury because they cannot protect themselves. The risk has to be current and directly tied to the substance use. Having a substance use disorder, or refusing to stop, is not enough on its own.
How long does a Section 35 last in Massachusetts?
Up to 90 days, and usually much shorter. The facility superintendent reviews the need for commitment on days 30, 45, 60 and 75 and can release the person earlier once release will not result in a likelihood of serious harm. After release the person is encouraged to continue treatment and can stay on voluntarily.
What is the difference between Section 12 and Section 35?
Section 35 is for an alcohol or substance use disorder, starts with a petition to a court, and can last up to 90 days. Section 12 is for a likelihood of serious harm because of mental illness, can start with an emergency application by certain licensed clinicians, or a police officer when none of them is available, and allows a hospitalization of up to 3 days unless a longer commitment is sought under sections 7 and 8.
Does a Section 35 go on your record?
It is a civil procedure, not a criminal charge. The law does require the court to send the person's name, date of birth and Social Security number to the Department of Criminal Justice Information Services, and the person cannot be issued a firearm identification card or license to carry. Five years after the commitment, they can ask the court that ordered it to restore that right.
How long does a Section 35 warrant last?
Up to five consecutive days, not counting Saturdays, Sundays and legal holidays, or until the person is brought to court, whichever comes first. The police can only make the arrest when the person can be brought straight before a judge, which means during court hours.
Can I withdraw a Section 35 petition after I file it?
Not on your own. Once the petition is filed, it cannot be withdrawn without the court's permission, and if the commitment is ordered it goes ahead at whichever facility is designated.
Can we choose the facility, and does insurance pay for it?
No to both. The court cannot commit someone to a private facility and cannot make an insurance company pay. The court clinician recommends a facility run by the Department of Public Health or the Department of Correction based on need and open beds, and neither the family nor the person chooses.
Can I file another Section 35 if they relapse?
Yes, you can file a new petition. The court will not commit the person automatically because they were committed before. The same legal standard applies each time.
Does Clear Steps Recovery take patients after a Section 35?
Clear Steps Recovery does not file Section 35 petitions and does not provide Section 35 beds, and neither of our centers has inpatient or overnight beds. When a commitment ends and your loved one is willing to continue, we can coordinate an assessment, often the same day, and a start in Day Treatment or Evening Treatment at our Needham center. Call (603) 769-8981, answered 24/7.
Sources
Where the facts on this page come from
Every legal fact on this page was checked on September 25, 2026 against these primary sources. Laws and court procedures change, so check them again before you act.
- <a href="https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section35" rel="noopener">M.G.L. chapter 123, section 35</a>, the Section 35 statute
- <a href="https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVII/Chapter123/Section12" rel="noopener">M.G.L. chapter 123, section 12</a>, the emergency mental health statute
- Massachusetts courts: <a href="https://www.mass.gov/info-details/learn-about-eligibility-for-section-35-petitions" rel="noopener">eligibility for Section 35 petitions</a>, <a href="https://www.mass.gov/how-to/file-a-section-35-petition" rel="noopener">file a Section 35 petition</a> and <a href="https://www.mass.gov/info-details/learn-about-treatment-under-section-35-petitions" rel="noopener">treatment under Section 35</a>
- Department of Public Health, Bureau of Substance Addiction Services: <a href="https://www.mass.gov/info-details/section-35-the-process-and-criteria" rel="noopener">Section 35: the process and criteria</a> and <a href="https://www.mass.gov/info-details/free-and-confidential-helplines-for-treatment-and-recovery-services" rel="noopener">free and confidential helplines</a>
- New Hampshire: <a href="https://gc.nh.gov/rsa/html/X/135-C/135-C-2.htm" rel="noopener">RSA 135-C:2</a> and <a href="https://gc.nh.gov/rsa/html/XII/172/172-mrg.htm" rel="noopener">RSA 172</a>
