Mass. Gen. Laws » Part I Title XVII Chapter 123
Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 17 (2026)

Periodic review of incompetence to stand trial; petition; hearing; continued treatment; defense to charges; release

✓ current as of July 2026
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Section 17. (a) The periodic review of a person found incompetent to stand trial shall include a clinical opinion with regard to the person's competence to stand trial, which opinion shall be noted in writing on the patient's record. If any person found incompetent to stand trial is determined by the superintendent of the facility or the medical director of the Bridgewater state hospital to be no longer incompetent, the superintendent or medical director shall notify the court, which shall without delay hold a hearing on the person's competency to stand trial. Any person found incompetent to stand trial may at any time petition the court for a hearing on his competency. Whenever a hearing is held and the court finds that the person is competent to stand trial, his commitment, if any, to a facility or to the Bridgewater state hospital shall be terminated and he shall be returned to the custody of the court for trial. However, if the person requests continued care and treatment during the pendency of the criminal proceedings against him and the superintendent or medical director agrees to provide such care and treatment, the court may order the further hospitalization of such person at the facility or the Bridgewater state hospital.

(b) If either a person or counsel of a person who has been found to be incompetent to stand trial believes that he can establish a defense of not guilty to the charges pending against the person other than the defense of not guilty by reason of mental illness or mental defect, he may request an opportunity to offer a defense thereto on the merits before the court which has criminal jurisdiction. The court may require counsel for the defendant to support the request by affidavit or other evidence. If the court in its discretion grants such a request, the evidence of the defendant and of the commonwealth shall be heard by the court sitting without a jury. If after hearing such petition the court finds a lack of substantial evidence to support a conviction it shall dismiss the indictment or other charges or find them defective or insufficient and order the release of the defendant from criminal custody.

(c) Notwithstanding any finding of incompetence to stand trial under the provisions of this chapter, the court having jurisdiction may, at any appropriate stage of the criminal proceedings, allow a defendant to be released with or without bail.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1973–2025 · leading case: Sharris v. Commonwealth, 106 N.E.3d 661 (Mass. 2018).
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Sharris v. Commonwealth, 106 N.E.3d 661 (Mass. 2018). · cites it 7× “" In August, 2015, the Commonwealth did not dispute Bridgewater's motion for the release of the defendant, on bail and with conditions, pursuant to G. L. c. 123, § 17 ( c ) ; Bridgewater's motion to transfer the defendant to the custody of DMH, so that he could be treated at a…”
Commonwealth v. Hatch, 783 N.E.2d 393 (Mass. 2003). · cites it 12× “The defendant filed a motion pursuant to G. L. c. 123, § 17 (b), for leave to offer a defense on the merits to the charges against him.”
ABBOTT A., a Juv. v. Commonwealth, 933 N.E.2d 936 (Mass. 2010). · cites it 3× “The risk of factual error is also diminished where, as here, the licensed forensic psychologist who interviewed the juvenile in her capacity as a certified juvenile court clinician on January 8, 2009, and whose evaluation was relied on by the judge prior to the dangerousness…”
Commonwealth v. Nieves, 846 N.E.2d 379 (Mass. 2006). “618, 626 (2003) (attorney will present evidence on behalf of incompetent defendant in hearing under G. L. c. 123, § 17 [b]). When a client is suffering from a mental disability and “has no guardian or legal representative, the lawyer often must act as de facto guardian.”
Andrews, 870 N.E.2d 610 (Mass. 2007). · cites it 2× “618, 621-622 (2003) (after incompetent defendant makes preliminary showing under G. L. c. 123, § 17 [b\, Commonwealth bears burden of presenting substantial evidence from which rational jury could find defendant guilty beyond reasonable doubt), and Care & Protection of Erin, 443…”
Esteves v. Commonwealth, 746 N.E.2d 510 (Mass. 2001). “1017, 1018 (1997) (motion in trial court under G. L. c. 123, § 17 [6], with reference to right to speedy trial); Turner v.”
Commonwealth v. Torres, 806 N.E.2d 895 (Mass. 2004). “618, 626 (2003) (rejecting suggestion that defendant should not be allowed to call witnesses at a “defense on the merits” hearing pursuant to G. L. c. 123, § 17 \b\, because he is incompetent and therefore unable to assist in his own defense).”
In re N.L., 476 Mass. 632 (Mass. 2017). “See G. L. c. 123, § 17 (b) (“If the court in its discretion grants such a request.”
Commonwealth v. Conaghan, 740 N.E.2d 956 (Mass. 2000). “Under G. L. c. 123, § 17 (a), periodic reviews are to be conducted with respect to anyone found incompetent to stand trial and, if the defendant is no longer incompetent, he is to be returned to the court “for trial.”
Spero v. Commonwealth, 678 N.E.2d 435 (Mass. 1997). · cites it 2× “The petitioner sought a hearing under G. L. c. 123, § 17 (b), which authorizes one found incompetent to stand trial and who believes that she can establish a defense of not guilty, “other than the defense of not guilty by reason of mental illness or mental defect,” to request an…”
Black v. Commonwealth, 942 N.E.2d 171 (Mass. 2011). “l (1997) (considering merits of petition for relief from denial of hearing pursuant to G. L. c. 123, § 17 [b]), Black has failed to demonstrate an entitlement to relief.”
Ex Parte Kent, 490 S.W.2d 649 (Mo. 1973). “’ ” In Massachusetts, the problem has been recognized and treated definitively by statute (Mass.Gen.Laws c. 123, § 17 (1972 Supp.)): “If either a person or counsel of a person who has been found to be incompetent to stand trial believes that he can establish a defense of not…”
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— Mass. Gen. Laws ch. 123, § 17(a) — 1 case
In re of P.I., 2014 Mass. App. Div. 116 (Mass. Dist. Ct., App. Div. 2014).
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