In Massachusetts, a substance abuser whose addiction poses a serious risk of imminent harm to himself or others can be committed, against his will, to a stabilization facility pursuant to M.G.L. c. 123, § 35. Such a commitment is typically referred to simply as a “Section 35.”
A person can be committed only after a hearing in front of a district court judge. If the judge determines that commitment is justified, he or she may, per the statute, “order such person to be committed for a period not to exceed 90 days.”
Thus, the person being committed could (and likely will) get released in less than 90 days.
How does early release occur? According to the statute,
A person so committed may be released prior to the expiration of the period of commitment upon written determination by the superintendent of the facility that release of that person will not result in a likelihood of serious harm.
Additionally, stabilization facilities must
review of the necessity of the commitment shall take place by the superintendent on days 30, 45, 60 and 75 as long as the commitment continues
In my experience here in western Massachusetts, most Section 35’s end after the 45-day review, provided the person who has been committed fully participates in his treatment programs and conducts himself appropriately while held at the facility.