Section 35 of chapter 123 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 13, the words “any district court or”.

SECTION 2.  Said chapter 123 of the General Laws, as so appearing, is hereby amended by inserting after section 35 the following section:-

Section 35A.    For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- 

Alcoholic”, a person who chronically or habitually consumes alcoholic beverages to the extent that (1) such use substantially injures his health or substantially interferes with his social, economic or academic functioning or the social or economic functioning of his family, or (2) he has lost the power of self-control over the use of such beverages.

“Juvenile”, a person aged 16 or 17.

“Substance abuser”, a person who chronically or habitually consumes or ingests controlled substances to the extent that (1) such use substantially injures his health or substantially interferes with his social, economic or academic functioning or the social or economic functioning of his family, or (2) who has lost the power of self-control over the use of such controlled substances. 

(b) Any parent, guardian, police officer, physician, probation officer or department of social services representative may petition in writing any division of the juvenile court department for an order of commitment of a juvenile whom he has reason to believe is an alcoholic or substance abuser.  Upon receipt of a petition for an order of commitment of such juvenile and any sworn statements the court may request from the petitioner, the court shall immediately schedule a hearing on the petition and shall cause a summons and a copy of the petition to be served upon the juvenile. Upon receipt of such petition, the court shall issue a summons to the juvenile and both parents of the juvenile or his legal guardian.  The summons shall require the juvenile to appear before the court at a stated time and place on the return day and shall be served by an officer authorized to serve criminal process by giving to the juvenile’s parent or guardian in hand or by leaving at his dwelling house or last and usual place of abode with some person of suitable age and discretion then residing therein an attested copy not less than 24 hours before the return day or by mailing an attested copy to the juvenile’s last known address.

(c) In the event of the juvenile’s failure to appear at the time summoned, the court may issue a warrant for his arrest. Upon presentation of such a petition, if there are reasonable grounds to believe that the juvenile will not appear and that any further delay in the proceedings would present an immediate danger to the physical well-being of the juvenile, the court may issue a warrant for the apprehension and appearance of the juvenile before it.  No arrest shall be made on such warrant unless the juvenile may be presented immediately before a judge of the juvenile court.

(d) The juvenile shall have the right to be represented by legal counsel and may present independent expert or other testimony.   If the court finds the juvenile indigent, it shall immediately appoint counsel.

(e) If, after a hearing, the court finds, based upon testimony by the juvenile’s parent or guardian, and/or competent medical testimony, that the juvenile is an alcoholic or substance abuser and that there is a likelihood of serious harm as a result of his alcoholism or substance abuse, it shall order the juvenile to be committed for a period of not less than 30 days, and up to six months.  Such commitment shall be for the purpose of inpatient care in public or private facilities approved by the department of public health under the provisions of chapter 111B for the care and treatment of alcoholism or substance abuse.  Any juvenile so committed shall be housed and treated separately from convicted criminals. The juvenile shall be encouraged to consent to further treatment and shall be allowed voluntarily to remain in the facility for such purposes. The department of mental health, in conjunction with the department of public health, shall maintain a roster of public and private facilities available, together with the number of beds currently available, for the care and treatment of juvenile alcoholism or substance abuse and shall make it available to the juvenile courts of the commonwealth on a monthly basis.

Nothing in this section shall preclude any public or private facility for the care and treatment of juvenile alcoholism or substance abuse from treating juveniles on a voluntary basis.

(f) Notwithstanding any general or special law to the contrary, funds forfeited to the Commonwealth under section 47 of chapter 94C of the General Laws, in the amount of $1.5 million annually, shall be used to carry out the purposes of this section.