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”, in lines 9 to 10, 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; provided, that for purposes of this section “facility” shall not include any jail or correctional facility or any other facility funded, controlled or administered by a sheriff or the executive office of public safety or any agency under the jurisdiction of the executive office of public safety.

SECTION 2. Said section 35 of said chapter 123, as so appearing, is hereby amended by striking out the fourth to sixth paragraphs, in lines 74 to 104, inclusive, and inserting in place thereof the following paragraphs:-

The secretary of health and human services shall ensure an adequate supply of beds for the treatment of alcohol or substance use disorders under this section at facilities licensed or approved by the department of public health or the department of mental health. 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, that such secure facilities shall be geographically distributed throughout the commonwealth to provide access to treatment in all regions of Massachusetts.

Notwithstanding this section or any general or special law to the contrary, a person may be committed under this section to a correctional facility, designated by the commissioner of correction, only if the person is concurrently committed pursuant to an order issued in a criminal case under a provision of law other than this section; provided, however, that such correctional facility shall be capable of providing appropriate, evidence-based treatment under this section. The commissioner of correction shall report monthly, by correctional facility, the number of persons committed under this section to a correctional facility pursuant to an order issued in a criminal case. The report shall be provided to the clerks of the senate and house of representatives, the chairs of the joint committee on mental health, substance use and recovery, the chairs of the joint committee on public safety and homeland security and the chairs of the joint committee on the judiciary.

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.

SECTION 3. Said section 35 of said chapter 123, as so appearing, is hereby amended by adding the following sentence:-

Nothing in this section shall relieve a correctional facility from its responsibility to offer evidence-based treatment for alcohol or substance use disorder to incarcerated persons on a voluntary basis.

SECTION 4. This act shall take effect July 1, 2023.