Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 3 (2026)

Transfers; notice; emergencies

✓ current as of July 2026

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Section 3. The department may transfer any person from any facility to any other facility which the department determines is suitable for the care and treatment of such person; provided that no transfer to a private facility shall occur except with the approval of the superintendent thereof. At least six days before a transfer from a facility occurs, the superintendent shall give written notice thereof to the person and to the nearest relative, unless said person knowingly objects, or guardian of such person; provided, however, if the transfer must be made immediately because of an emergency, such notice shall be given within twenty-four hours after the transfer. Except in emergency cases, no person who at any time prior to transfer has given notice of his intention to leave a facility under the provisions of section eleven shall be transferred until a final determination has been made as to whether such person should be retained in a facility.

Notes of Decisions

Cited in 7 cases, 1926–2015 · leading case: Commonwealth v. Devereaux, 153 N.E. 881 (Mass. 1926).

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Commonwealth v. Devereaux, 153 N.E. 881 (Mass. 1926). “G. L. c. 123, § 3. It is a matter of general knowledge that there are in the service of the Commonwealth under this department persons eminent for special scientific knowledge as to mental diseases.”

Bradley v. Comm'r of Mental Health, 436 N.E.2d 135 (Mass. 1982). “” If a judge, pursuant to § 8 (h), commits a person to “a facility designated by the [DMH],” the judge may, pursuant to § 16 (e), order that his movements be restricted to *366 the facility designated from time to time by the DMH (see G. L. c. 123, § 3). The statutory purpose is…”

Borucki v. Ryan, 555 N.E.2d 212 (Mass. 1990). “In 1986, the plaintiff brought a civil action alleging that the defendant’s conduct in releasing information contained in the hospital report on criminal responsibility at a press conference was a violation of G. L. c. 123, § 3 6A. The plaintiff sought damages from the defendant.”

E.G. v. Dep't of Developmental Servs., 4 N.E.3d 915 (Mass. App. Ct. 2014). “’s transfer from FDC to WDC meets the standard of G. L. c. 123, § 3, is supported by substantial evidence.”

In re P.M., 2015 Mass. App. Div. 177 (Mass. Dist. Ct., App. Div. 2015). · cites it 3× “a G.L.c. 123, §3, notice of transfer. The notice stated that after a review of P.”

In re A.B., 2015 Mass. App. Div. 5 (Mass. Dist. Ct., App. Div. 2015). “was presented with a "Notification of Transfer” form pursuant to G.L.c. 123, §3. 1 The form indicates that AB.”

In re J.C., 2015 Mass. App. Div. 82 (Mass. Dist. Ct., App. Div. 2015). “The respondent claims that this does not conform to G.L.c. 123, §3 and the Department of Mental Health regulations.”

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