HOUSE DOCKET, NO. 2643        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2313

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kevin J. Kuros and James J. Lyons, Jr.

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to weekend commitment orders for substance abusers.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Kevin J. Kuros

8th Worcester

1/20/2017

James J. Lyons, Jr.

18th Essex

2/3/2017

Joseph D. McKenna

18th Worcester

 

Marc T. Lombardo

22nd Middlesex

 

Ryan C. Fattman

Worcester and Norfolk

 

William L. Crocker, Jr.

2nd Barnstable

 

Shawn Dooley

9th Norfolk

2/2/2017

Thomas J. Calter

12th Plymouth

 

Hannah Kane

11th Worcester

 

Paul K. Frost

7th Worcester

 

Jennifer L. Flanagan

Worcester and Middlesex

 

Bruce E. Tarr

First Essex and Middlesex

 


HOUSE DOCKET, NO. 2643        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2313

By Messrs. Kuros of Uxbridge and Lyons of Andover, a petition (accompanied by bill, House, No. 2313) of Kevin J. Kuros and others relative to the commitment of alcoholics or substance abusers during court closures.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to weekend commitment orders for substance abusers.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 35 of Chapter 123 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting at the end thereof the following new section:-

When the court is closed for business any justice of the superior, probate, district or Boston municipal court departments may grant an order of commitment provided under this section if there is a likelihood of serious harm as a result of the person's alcoholism or substance abuse. In the discretion of the justice, a warrant of apprehension may be issued for such person and an arrest may be made on said warrant, and the person may be placed in protective custody until the person may be presented before a justice of the superior, probate, district or Boston municipal court.  Such warrant may be granted and communicated by telephone to an officer or employee of an appropriate law enforcement agency, who shall record such order on a form of order promulgated for such use by the chief justice of the trial court and shall deliver a copy of such order on the next court day to the clerk-magistrate of the court having venue and jurisdiction over the matter.

Any order issued under this section and any documentation in support thereof shall be certified on the next court day by the clerk-magistrate or register of the court issuing such order to the court having venue and jurisdiction over the matter. Such certification to the court shall have the effect of commencing proceedings under this chapter and invoking the other provisions of this chapter but shall not be deemed necessary for an emergency order issued under this section to take effect.