Massachusetts law (G.L. c. 123, Section 35) authorizes judges to commit persons with severe substance-use disorders to compulsory inpatient treatment. This is commonly referred to as a “Section 35 commitment.” (See my post Commitment for Alcohol or Substance-Use Disorder: Section 35 Hearings.)
Section 35’s begin when a petition is filed in district court. The petition is usually filed by a concerned parent or family member.
The petitioner will typically go before the judge shortly after filing the required paperwork. The judge will review the application and determine if a Section 35 hearing is appropriate.
During this initial encounter between the judge and the petitioner, the judge will ask if the court should issue a summons or a warrant to bring the alleged addict to court.
In most cases, the petitioner will claim that a warrant is necessary. If that happens, the judge will very likely issue a warrant of apprehension under G.L. c. 123, Section 35.
These warrants are known as “sundown warrants” become they expire on the same day they’re issued. The current Section 35 warrant used in Massachusetts contains the following language:
This warrant shall not be executed unless the respondent can be brought before a judge prior to 4:30 P.M. on the same day that it is executed. Unless sooner executed, this warrant shall expire at 4:30 P.M. on the date shown above.
Petitioners should keep in mind that requesting a warrant is essentially setting up an unanticipated encounter between your loved one and the police. Such encounters do not always end well for the arrestee.