Standards on Substance Use Disorders and Mental Health Conditions: Standard IX. Information for custodial authorities

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

Standard IX

Courts should provide information to custodial authorities, including on the mittimus if appropriate and being mindful of privacy concerns, when there is a safety issue or a serious risk of harm to the individual being transported, or to others.

Commentary

When an individual comes before the court and presents as a serious risk to either the individual or others, it is imperative that the court communicate with custodial authorities to ensure that the individual is provided with appropriate resources and supports to ensure public safety and the safety of the individual. It is not uncommon for an individual who suffers from a substance use disorder, mental health condition, or co-occurring disorder to present an apparent safety issue or serious risk of harm. Providing this information in the discretion of the court can serve to facilitate the placement of a defendant in an appropriate treatment program operated in custodial facilities. See G. L. c. 123, § 36A. Public safety is served, and recidivism is less likely, if treatment can be provided while an individual is in custody.