Learn about eligibility for Section 35 petitions

Find out what a Section 35 petition is, who can request one, and who's eligible to be committed under Section 35.

What is a Section 35 petition?

A Section 35 petition is a civil procedure for people with an addiction. It allows someone who has an addiction to alcohol or legal or illegal drugs, or both, called a respondent, to be involuntarily committed to a treatment facility for up to 90 days.

Up to 90 days  how long a person is involuntarily committed to a treatment facility

This person must present an immediate “likelihood of serious harm” to themselves or others because of their addiction. A person doesn't meet criteria for being committed just because they have an alcohol or substance use disorder. This law is meant to be an emergency measure. It's not a long-term solution to alcohol or substance use disorders.

The law defines “likelihood of serious harm” as:

1. A substantial risk of physical harm to the person himself as manifested by evidence of, threats of, or attempt at, suicide or serious bodily harm;
2. A substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them; or
3. A very substantial risk of physical impairment or injury to the person himself as manifested by evidence that such person’s judgment is so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community.

The “likelihood of serious harm” must be current and directly related to the alcohol or substance use disorder.

Who can ask for a Section 35?

The only people who can petition, or ask a court, to have someone involuntarily committed for alcohol or substance abuse treatment are:

• Blood relatives
• Spouses
• Police officers
• Court officials
• Physicians
• Guardians

People who can’t petition include:

• You (the person with the addiction to alcohol or legal or illegal drugs, or both)
• Girlfriends, boyfriends,  and significant others
• Therapists and social workers
• Friends
• Neighbors
• Landlords
• Representative payees
• Concerned citizens

Who is eligible to be committed under Section 35?

A person is eligible to be committed under section 35 if:

• The person consistently abuses alcohol or drugs, or both, and 
• The person presents an immediate danger to themselves or others because of that abuse.

There must be evidence to show both that the substance abuse is serious and that there’s an immediate risk of harm. It’s not enough that the person refuses to stop abusing substances if there’s no immediate risk because of the addiction.

If someone who was previously committed under Section 35 drinks or uses substance again, you can file a new petition. However, the court won’t automatically commit the respondent just because they’ve been committed before.