Civil Commitments
A civil commitment, also known as Section 35 in Massachusetts, is a legal process that may allow someone with a substance use disorder to be ordered to treatment when there is a likelihood of serious harm. This page breaks down the process, what the court considers, and what families should know.
Quick Overview
Length of commitment can be up to 90 days, depending on individual needs.
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A judge decides if someone meets the criteria for commitment.
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Applies to individuals struggling with drug or alcohol use.
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Commitment only happens if there is a likelihood of serious harm.
Frequently Asked Questions
If you’re trying to understand the process or help someone, these answers can guide you through what to expect.
What Happens During the Process
What happens if the court orders the commitment?
If the judge approves the petition, the individual will be held at the court until they are transported by the Sheriff’s Department to a treatment facility. Transportation typically happens after court hours, so there may be a wait.
A clinical evaluator will recommend the most appropriate facility based on the individual’s needs. Placement may vary, but individuals are assigned to approved treatment programs that provide care for substance use disorders.
If someone has court cases, will the program hold them for court?
Treatment programs do not hold individuals specifically for court dates. If a person no longer meets the criteria for commitment, they must be released.
These programs are designed for treatment, not custody. They are not a substitute for legal detention and do not have the authority to hold individuals for court-related matters.
Will the commitment be for 90 days?
A civil commitment can last up to 90 days, but it may be shorter depending on the individual’s clinical needs. If the person no longer meets the criteria for commitment, they may be released earlier.
Even after release, individuals may choose to continue treatment on a voluntary basis. In some cases, individuals may also be transferred to another facility if a different level of care is needed.
Can I withdraw a petition after it’s been filed?
Once a petition has been filed, it cannot be withdrawn without the permission of the court. If the commitment is granted, it will move forward regardless of the facility.
This process is handled through the court system, and decisions are made based on legal and clinical criteria rather than individual preference.
Treatment & Care
What kind of help will an individual receive?
Once admitted, individuals are assessed to determine their needs, including detoxification and ongoing support. They receive clinical services, education on substance use, and guidance on preventing relapse.
Counselors and case managers work with individuals to build recovery plans and connect them to continued care. Treatment length and level of support depend on each person’s progress and needs.
Can programs handle medical and mental health needs?
Not always. Some individuals may have medical conditions that require a higher level of care than a treatment facility can provide.
Many programs can support individuals with both substance use and mental health challenges, but if more intensive care is needed, the individual may be referred to a hospital or specialized mental health facility.
Outcomes & Considerations
Will a Section 35 commitment make someone stop using?
Recovery is a process, and commitment is often just the beginning. For some, it can be a turning point toward treatment and support.
However, long-term recovery depends on the individual’s willingness to continue care. Programs provide education, support, and resources to encourage the next steps in recovery.