Outline of District Court mental health and addiction proceedings under G.L. c. 123
1. Civil commitment of mentally ill persons
- G.L. c. 123, §§ 7 - 8
- Civil commitment of mentally ill person to mental health facility or Bridgewater State Hospital (initially for 6 months, followed by recommitments for 1 year) on petition of director
- Court: Court where facility located
- G.L. c. 123, § 12(b)
- Application by civilly committed person for emergency hearing on whether admission resulted from abuse or misuse of § 12(b)
- Court: Court where facility located
- G.L. c. 123, § 12(e)
- With or without a warrant of apprehension, emergency civil commitment of mentally ill person to authorized facility for 3 days on petition of any person and after examination by designated physician
- Court: Any District Court
- G.L. c. 123, § 13
- Civil commitment to Bridgewater State Hospital after 5-day transfer from mental health facility under §§ 7 & 8 on petition of director of facility or Bridgewater State Hospital
- Court: Brockton District Court, unless already filed elsewhere
2. Authorizing medical treatment for committed persons
- G.L. c. 123, § 8B
- Authorization of medical treatment for mental illness for incompetent civilly committed person on petition of director
- Court: Court where facility located
3. Forensic examination and commitment of criminal defendants
- G.L. c. 123, § 15(a)
- Order for outpatient examination for competence and/or criminal responsibility of criminal defendant by qualified physician or psychologist
- Court: Court of criminal charges
- G.L. c. 123, § 15(b)
- Commitment for further examination for competence and/or criminal responsibility of criminal defendant at facility or Bridgewater State Hospital (for not more than 20 days, extendable for not more than another 20 days)
- Court: Court of criminal charges
- G.L. c. 123, § 15(e)
- Order for outpatient examination, or for subsequent commitment at facility or Bridgewater State Hospital, for not more than 40 days to aid in sentencing convicted criminal defendant
- Court: Court of criminal charges
- G.L. c. 123, § 16(a)
- Commitment for examination of criminal defendant found incompetent to stand trial or acquitted by reason of mental illness for not more than 40 days (but combined periods under §§ 15[b] and 16[a] may not exceed 50 days) at facility or Bridgewater State Hospital
- Court: Court of criminal charges
- G.L. c. 123, § 16(b)
- Commitment of criminal defendant found incompetent to stand trial or acquitted by reason of mental illness to facility or Bridgewater State Hospital for 6 months on petition of director of facility or Bridgewater State Hospital or district attorney
- Court: Court of criminal charges
- G.L. c. 123, § 16(c)
- Recommitment of criminal defendant found incompetent to stand trial or acquitted by reason of mental illness to facility or BSH for 1 year
- Court: Court where facility located
- G.L. c. 123, § 17(a)
- Review of prior incompetency determination at request of director of facility or BSH
- Court: Court of criminal charges
- G.L. c. 123, § 17(b)
- Hearing on defense to pending criminal charges (other than mental illness) offered by incompetent defendant
- Court: Court of criminal charges
- G.L. c. 123, § 18
- Commitment for examination of pretrial detainee or sentenced prisoner to facility or BSH for not more than 30 days after examination by designated physician or psychologist on petition of superintendent of place of detention, who may subsequently petition for 6-month commitment; successive commitments are for one year
- For pretrial detainee: Court of place of detention
- For prisoner: Court of criminal charges
4. Examination of witnesses and civil litigants
- G.L. c. 123, § 19
- Order for examination of party or witness by DMHassigned qualified physician or psychologist to determine mental condition
- Court: Court where case pending
5. Commitment of alcoholics and other substance abusers
- G.L. c. 123, § 35
- With or without a warrant of apprehension, commitment of alcoholic or substance abuser to DPH-approved facility or MCI-Bridgewater (for male) or MCI-Framingham (for female) or for not more than 30 days (as of 7/1/12, not to exceed 90 days) after examination by qualified physician or psychologist on petition of police officer, physician, spouse, blood relative, guardian or court official
- Court: Any District Court