SECTION 1: Section 35 of Chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “facility,” and inserting in place thereof the following definition:-

''Facility'', a public or private facility that provides care and treatment for a person with an alcohol or substance use disorder. For the purpose of this section, a "facility" or "secure facility" shall not include any jail or correctional facility or any other facility funded, controlled, or administered by a county sheriff, the Executive Office of Public Safety and Security (EOPSS), or any agency under EOPPS' jurisdiction.

SECTION 2: Section 35 of Chapter 123 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 74 to 104, inclusive, the words “If the department of public health” through “treating persons on a voluntary basis,” and inserting in place thereof the following:-

The Secretary of Health and Human Services shall ensure an adequate supply of beds for the treatment of alcohol or substance use disorders at facilities licensed or approved by the Department of Public Health or the Department of Mental Health for persons ordered to be committed under M.G.L. c. 123, s. 35.

If the court makes a specific finding that the only appropriate setting for treatment for the person is a secure facility, then the person may be committed to a secure facility licensed or approved by the Department of Public Health or the Department of Mental Health; provided further, that such secure facilities licensed or approved by the Department of Public Health or the Department of Mental Health shall be geographically distributed throughout the Commonwealth so as to provide access to treatment in all regions of Massachusetts. 

A person committed under this section shall, upon release, be encouraged to consent to further treatment and shall be allowed voluntarily to remain in the facility for such purpose. The department of public health shall maintain a roster of public and private facilities available, together with the number of beds currently available and the level of security at each facility, for the care and treatment of alcohol use disorder and substance use disorder and shall make the roster available to the trial court.