Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 2 (2026)

Regulations

✓ current as of July 2026

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Section 2. The department shall, in accordance with section two of chapter thirty A and subject to appropriation, adopt regulations consistent with this chapter which establish procedures and the highest practicable professional standards for the reception, examination, treatment, restraint, transfer and discharge of mentally ill persons in departmental facilities. Said regulations shall be adaptable to changing conditions and to advances in methods of care and treatment of the mentally ill. Said regulations (1) shall include, but not necessarily be limited to, provisions for inpatient care, both during the day and at night, halfway house services, family care, aftercare and home treatment, (2) shall define the categories of mental illness for the purpose of this chapter, and (3) may provide for different procedures for specific types of patients or for particular facilities.

Notes of Decisions

Cited in 12 cases (2 in the last 5 years), 1926–2025 · leading case: Woodbridge v. Worcester State Hosp., 423 N.E.2d 782 (Mass. 1981).

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Woodbridge v. Worcester State Hosp., 423 N.E.2d 782 (Mass. 1981). · cites it 2× “” By G. L. c. 123, § 2, inserted by St. 1970, c.”

In re E.C., 92 N.E.3d 724 (Mass. 2018). “123, § 1, defines "[f]acility," for purposes of G. L. c. 123, §§ 2 to 37, as "a public or private facility for the care and treatment of mentally ill persons, except for the Bridgewater State Hospital".”

Newton-Wellesley Hosp. v. Magrini, 889 N.E.2d 929 (Mass. 2008). “See G. L. c. 123, § 2. The term is defined as “a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality or ability to meet the ordinary demands of life, but shall not include alcoholism or…”

Commonwealth v. Nassar, 406 N.E.2d 1286 (Mass. 1980). “See G. L. c. 123, §§ 2, 4. See also 104 Code Mass.”

Commonwealth v. Del Verde, 496 N.E.2d 1357 (Mass. 1986). “G. L. c. 123, § 2. Pursuant to that authority, the department issued 104 Code Mass.”

Commonwealth v. Sacco, 151 N.E. 839 (Mass. 1926). “By G. L. c. 123, § 2, it is provided that "The Commonwealth shall have the care, control and treatment of all *409 insane .”

Commonwealth v. Major, 241 N.E.2d 822 (Mass. 1968). “Section 5, for example, allows the Department of Mental Health to discharge a person restrained because of mental illness only “if in its opinion he is not mentally ill or can be cared for after such discharge without danger to others and with benefit to himself.”

BayRidge Hosp. v. Jackson, 2010 Mass. App. Div. 12 (Mass. Dist. Ct., App. Div. 2010). “” G.L.c. 123, §2. Pursuant to this charge, the Department has promulgated regulations that set forth the following definitions: Facility shall mean a Department-operated hospital, community mental health center with inpatient unit, or psychiatric unit within a public health…”

In the Matter of E.C. (Mass. 2018). “123, § 1, defines "[f]acility," for purposes of G. L. c. 123, §§ 2 to 37, as "a public or private facility for the care and treatment of mentally ill persons, except for the Bridgewater State Hospital".”

Makis M., a Juv. v. Commonwealth (Mass. 2024). “123, § 2, to "define the categories of mental illness for the purpose of [c. 123]." See generally District Court Standards of Judicial Practice: Civil Commitment and Authorization of Medical Treatment for Mental Illness (rev.”

In the Matter of C.S. (Mass. App. Ct. 2025). “05] in accordance with G. L. c. 123, § 2," that "[f]ailure to retain [C.”

Tartarini v. Dep't of Mental Retardation, 972 N.E.2d 33 (Mass. App. Ct. 2012). “See G. L. c. 123, § 2, inserted by St. 1986, c.”

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