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S 1402

Relates to the execution of a warrant of arrest and establishes educational programs for judicial personnel on the law of searches, arrests and seizures

2025 Regular Session Introduced by Jabari Brisport and 11 co-sponsors

The bill expands access to treatment by creating secure, licensed facilities for court-ordered care and requires even incarcerated individuals to be offered voluntary, evidence-bas

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Bill Summary · S 1402

Summary — S.1402: An Act ensuring access to addiction services

Status: Filed 1/17/2025; introduced April 9, 2025; currently referred to committee(s) (hearing scheduled 10/6/2025).
Primary sponsor (MA): Sen. Cindy F. Friedman. (Bill text amends Section 35 of Chapter 123 of the Massachusetts General Laws.)

Purpose / Intent

The bill revises the statutory framework for court-ordered civil commitments for persons with alcohol or substance use disorders to improve access to appropriate treatment (including higher‑security treatment when clinically necessary), to clarify what counts as a treatment “facility,” and to require correctional entities to offer evidence‑based treatment on a voluntary basis to incarcerated persons.

Key provisions

  • Redefines terms in G.L. c.123, §35:
    • “Facility” — any public or private facility operated, licensed or approved by the Department of Public Health (DPH) or Department of Mental Health (DMH) that provides care/treatment for alcohol or substance use disorder, expressly excluding jails, correctional entities, or entities funded/controlled by sheriffs or the Executive Office of Public Safety and Security (EOPSS), even if licensed by DPH/DMH.
    • “Secure facility” — a facility (as defined) designated by DPH or DMH that provides levels of security sufficient to protect patients and the community.
  • Capacity and geographic access:
    • The Secretary of Health and Human Services must ensure an adequate supply of beds in facilities and secure facilities.
    • Secure facilities must be geographically distributed across the Commonwealth to provide regional access.
  • Information sharing / roster:
    • DPH must maintain and make available to the trial court a roster of public and private facilities and secure facilities, indicating current bed counts and level of security at each site.
  • Commitment and transition:
    • Courts may commit a person to a secure facility if a specific finding of need for additional security is made.
    • Upon release, committed persons shall be encouraged to consent to further treatment and may voluntarily remain for ongoing treatment or transition to a lower‑security facility — including facilities not on the DPH roster.
  • Correctional entity obligation:
    • Adds that nothing in §35 relieves correctional entities of their legal responsibility to offer evidence‑based treatment for alcohol or substance use disorder to incarcerated persons on a voluntary basis.

Who is affected

  • Individuals subject to civil commitment under G.L. c.123, §35.
  • DPH and DMH (designation, roster maintenance, bed/secure‑facility oversight).
  • Trial courts (access to roster; decisions about secure commitments).
  • Correctional entities and incarcerated persons (obligation to offer voluntary evidence‑based treatment).
  • Public and private treatment providers (designation, possible requirements to meet security levels).

Potential impacts and implementation considerations

  • Seeks to prioritize treatment in licensed facilities over incarceration by excluding jails/corrections from the statutory “facility” definition for §35 commitments.
  • May require state investment or coordination to create/designate secure facilities and ensure bed capacity and geographic distribution.
  • DPH/DMH administrative burden to maintain a real‑time roster and to set/monitor security designations.
  • Interagency coordination (Health & Human Services, DPH, DMH, trial courts, and public safety/corrections) will be necessary to implement commitments, transitions, and treatment access.
  • The bill does not specify timelines or appropriations for facility capacity expansion.

Procedural notes

  • Text amends G.L. c.123, §35 (last amended by chapter 285 of the acts of 2024).
  • Hearing listed for 10/06/2025 (per docket). The bill remains under committee review.

Compiled from official sources — confirm details with the bill’s official record.

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