Amendment #1067 to H4400

Weekend Commitment Orders for Substance Abusers

Representatives Kuros of Uxbridge, Dooley of Norfolk, Jones of North Reading, Kane of Shrewsbury, Lombardo of Billerica, Lyons of Andover, McKenna of Webster, Muratore of Plymouth and Whelan of Brewster move to amend the bill by adding the following section:

"SECTION XXXX. 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."