Massachusetts Section 35 Process

Summary

In Massachusetts, Section 35 allows involuntary commitment for substance abuse treatment if someone poses a risk to themselves or others. A court order is required, but the process can be expedited in emergencies by contacting a judge. The police or medical professionals transport the individual to a treatment facility once the order is issued. The commitment can last up to 90 days, and the individual has the right to a court hearing and legal representation.

Full Conversation

If the police section some one cuzs there are very drunk and there only *
Hey there! It sounds like you're dealing with a situation involving a minor who was detained by the police for being very drunk. Here in Massachusetts, underage drinking is taken seriously.
- The legal drinking age is *.
- It's illegal for anyone under * to possess alcohol.
- Penalties can include fines, community service, or mandatory alcohol education programs.
Is the person facing any specific charges, or were they just detained for being drunk?
Welfare check
It sounds like the person was detained for a welfare check due to their intoxication. In Massachusetts, if someone under * is found intoxicated, the police might take them into protective custody if they believe the person is a danger to themselves or others.
- They might not face criminal charges if it's just for their safety.
- However, if they are found in possession of alcohol, they could face penalties.
Is there any specific concern or action you're looking to take following this welfare check?
Police brought to hospital and sectioned them
It sounds like the person was taken to the hospital and sectioned under a mental health-related provision. In Massachusetts, this could be under Section *, which allows for involuntary hospitalization if someone poses a risk to themselves or others due to mental illness.
- Section * allows for up to 3 days of involuntary hospitalization.
- The person has the right to a hearing and legal representation.
Is there anything specific you need help with regarding this situation?
Would it be section * or *
Case Rating: *
In Massachusetts, Section * and Section * serve different purposes:
- Section *: Involuntary hospitalization for up to 3 days if someone poses a risk to themselves or others due to mental illness.
- Section *: Involuntary commitment for substance abuse treatment if someone poses a risk to themselves or others due to alcohol or substance abuse.
Given the context, it seems more likely that Section * was applied, but it could be Section * if the focus is on substance abuse. Would you like more detailed information on either section?
*
Case Rating: *
Given that the person was sectioned under Section *, it indicates they were involuntarily committed for substance abuse treatment. Here are some key points:
- Section *: Involuntary commitment for substance abuse treatment if someone poses a risk to themselves or others due to alcohol or substance abuse.
- Duration: Can last up to 90 days.
- Hearing: The person has the right to a court hearing and legal representation.
Would you like more specific details about Section * or any assistance regarding legal representation?
If police section * her what happens next
Case Rating: *
If a person is sectioned under Section * in Massachusetts:
- They are involuntarily committed for substance abuse treatment.
- The commitment can last up to 90 days.
- The person will have a court hearing.
- They have the right to legal representation.
Do you need more details about the court hearing or the treatment process?
Who brings her if she is sectioned
Case Rating: *
If someone is sectioned under Section * in Massachusetts, they are typically transported to the treatment facility by law enforcement or a medical professional once the court has issued the commitment order.
Do you need more details about the transportation process or the treatment facility?
Can police section * her with out court order
Case Rating: *
In Massachusetts, Section * involuntary commitment requires a court order. The police cannot section someone under Section * without court involvement.
Is there any other aspect of this situation you need more information on?
Could they call a judge to get order as an emergency
Case Rating: *
In Massachusetts, if there is an immediate risk, it is possible to expedite the process of obtaining a court order for involuntary commitment under Section *. This usually involves:
- Filing a petition with the court.
- Demonstrating the immediate risk posed by the individual.
Would you need more information on how to file the petition?
Can the police do that
Case Rating: *
In Massachusetts, police cannot unilaterally section someone under Section * without a court order. However, they can expedite the process if there's an immediate risk.
Would you like more information on how to file the petition for an emergency court order?
If the police called a judge could they get the order that way
Case Rating: *
Yes, in Massachusetts, the police can contact a judge to expedite obtaining an emergency court order for involuntary commitment under Section * if there's an immediate risk. This process involves demonstrating the urgency of the situation to the judge.
Would you like more details on how this process works?
Yes
Case Rating: *
Sure, I can provide more details on the process. When the police contact a judge for an emergency court order under Section *, here's what typically happens:
- The police must demonstrate that the individual poses an immediate risk to themselves or others due to substance abuse.
- The judge reviews the evidence and, if convinced, issues an emergency commitment order.
- The police then transport the individual to the designated treatment facility.
If you have any more specific questions or need further assistance, feel free to ask!
Could they bring her to the hospital
Case Rating: *
Yes, the police can bring her to the hospital if they have an emergency court order under Section *. They will transport her to a designated treatment facility for substance abuse treatment.
Do you need more details on what happens at the treatment facility, or any legal representation for the court hearing?