If someone is in immediate danger, call 911 now.
In Massachusetts, "Section 35" is the law families turn to when a loved one's drinking or drug use has become dangerous and they refuse treatment. It is one of the more-used civil-commitment laws in the country, and knowing how it works helps you decide whether it fits your situation.
What Section 35 Is
Section 35 refers to Chapter 123, Section 35 of the Massachusetts General Laws. It allows a qualified petitioner to ask a court to civilly commit a person and order involuntary treatment for an alcohol or substance use disorder. Like Florida's Marchman Act and Kentucky's Casey's Law, it is a civil process — the aim is treatment, not punishment.
Who Can Petition
Massachusetts limits who can file to a defined list: a police officer, a physician, a spouse, a blood relative, a legal guardian, or a court official. That's broader than some states in one respect — a police officer or physician can petition — but narrower in that a friend generally cannot, unlike Casey's Law.
Key Takeaway
Section 35 petitioners are limited to a police officer, physician, spouse, blood relative, legal guardian, or court official. Friends generally cannot file.
The Criteria
To commit someone under Section 35, the court must find two things: that there is clear evidence the person has an alcohol or substance use disorder, and that there is a likelihood of serious harm to themselves or others as a result. "Serious harm" covers threats or attempts of suicide, violent behavior toward others, or a substantial risk of physical harm to the person because compromised judgment leaves them unable to protect themselves in the community.
How It Works and How Long It Lasts
You file a petition at the appropriate court; the person may be brought in and examined; a hearing is held, at which the person has the right to be represented; and if the criteria are met, the judge can order commitment for treatment. The commitment may be up to 90 days, though the actual length depends on clinical need and whether the person continues to meet the criteria.
Key Takeaway
The court must find clear evidence of a substance or alcohol use disorder plus a likelihood of serious harm. Commitment can run up to 90 days.
The Honest Limitations
Section 35 has drawn real debate. Families use it because it can be the only way to get an unwilling loved one into care during a dangerous stretch, and external motivation can be the thing that gets someone through the door. At the same time, availability of appropriate treatment beds and the experience of commitment vary, and, as with every civil-commitment law, an order creates a window rather than a guaranteed outcome. Go in understanding it as one tool among several — our pillar walks the full range, from conversations to court petitions.
Finding a Facility
Rehab Connect is a directory and does not recommend specific programs. You can browse licensed facilities in Massachusetts and contact them directly to ask about accepting a Section 35 commitment, levels of care, and payment. If you're outside Massachusetts, browse by state and check your state's law — Kentucky and Ohio families use Casey's Law, and about 34 states have some form of civil commitment for substance use.
Related Reading
How to Get Someone Into Rehab Who Doesn't Want to Go Casey's Law (Kentucky & Ohio) The Marchman Act (Florida) Baker Act vs. Marchman Act Court-Ordered Rehab vs. JailFrequently Asked Questions
What law is Section 35?
Massachusetts General Laws, Chapter 123, Section 35.
Who can petition?
A police officer, physician, spouse, blood relative, legal guardian, or court official.
How long can commitment last?
Up to 90 days, depending on clinical need and whether the person still meets the criteria.
What must the court find?
Clear evidence of an alcohol or substance use disorder and a likelihood of serious harm to self or others because of it.
Crisis and Support Resources
- Immediate danger, medical emergency, or suspected overdose — call 911.
- 988 Suicide & Crisis Lifeline — call or text 988 (free, confidential, 24/7).
- SAMHSA National Helpline — 1-800-662-HELP (4357) (free, confidential treatment referral and information, 24/7, English & Spanish).
- Find licensed treatment — FindTreatment.gov, SAMHSA's free, ad-free treatment locator.
This page is drawn from SAMHSA, NIDA, and primary state statutes. It is educational information, not medical or legal advice. Laws and statute sections change — confirm current requirements with a local attorney or your county clerk. Rehab Connect USA is an informational directory; we do not place people in facilities or route calls. Browse licensed facilities and contact them directly.
Rehab Connect USA — Free addiction treatment directory covering 12,000+ treatment centers across all 50 states, DC, and Puerto Rico.