Standards on Substance Use Disorders and Mental Health Conditions: Introduction

Standards adopted by the Supreme Judicial Court, acting on the advice of the Working Group on Substance Use and Mental Health.

Table of Contents

Introduction

The goals of these Standards are to promote public safety, support access to treatment and recovery services, ensure due process, reduce recidivism, and encourage individual accountability. The Standards identify recommended steps, consistent with public safety, for courts to take at the earliest possible point of individuals' court involvement to respond effectively to substance use disorders, mental health conditions, and co-occurring disorders. The Standards recognize that encouraging individuals who are experiencing these disorders to engage with treatment and support that meet their needs also enhances public safety and reduces the chance of further negative court involvement. The Standards do not create any new authority or power in the courts, but are intended to provide judges, clerks, and court personnel with guidance  consistent with the law of evidence and other statutory, procedural, and constitutional requirements.

Substance use disorders and mental health conditions are commonly contributing factors in criminal cases and, if not addressed, can lead to further court involvement. In civil cases as well, substance use disorders and mental health conditions are often significant factors in requests for orders of protection, Child Requiring Assistance (CRA) petitions, eviction matters, divorce proceedings, custody, and parenting time and support cases. Substance use disorders or mental health conditions are also the focus in civil commitment cases. Even in cases where judges lack authority to order treatment, they can still provide information about voluntary resources. By embracing the Standards, the courts will be leaders in the Commonwealth’s efforts to reduce the negative effects of substance use disorders, mental health conditions, and co-occurring disorders on individuals and families who come before them.

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