Massachusetts General Laws

Mass. Gen. Laws ch. 123, § 5 (2026)

Commitment or retention hearings; right to counsel; medical examination; notice

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 5. Whenever the provisions of this chapter require that a hearing be conducted in any court for the commitment or further retention of a person to a facility or to the Bridgewater state hospital or for medical treatment including treatment with antipsychotic medication, it shall be held as hereinafter provided. Such person shall have the right to be represented by counsel and shall have the right to present independent testimony. The court shall appoint counsel for such person whom it finds to be indigent and who is not represented by counsel, unless such person refuses the appointment of counsel. The court may provide an independent medical examination for such indigent person upon request of his counsel or upon his request if he is not represented by counsel. The person shall be allowed not less than two days after the appearance of his counsel in which to prepare his case and a hearing shall be conducted forthwith after such period unless counsel requests a delay. Notice of the time and place of hearing shall be furnished by the court to the department, the person, his counsel, and his nearest relative or guardian. The court may hold the hearing at the facility or said hospital.

Notes of Decisions

Cited in 12 cases, 1982–2019 · leading case: In re M.C., 115 N.E.3d 546 (Mass. 2019).

Sort: Relevance Newest Treatment

In re M.C., 115 N.E.3d 546 (Mass. 2019). · cites it 12× “He was committed temporarily to a psychiatric facility pending a civil commitment hearing, to be held pursuant to G. L. c. 123, § 5 ; during that time, M.C.”

Heller v. Doe Ex Rel. Doe, 509 U.S. 312 (1993). · cites it 2× “(mental illness); Mass. Gen. Laws ch. 123, § 5 et seq. (1989) (mental illness); Mich.”

Thompson v. Commonwealth, 438 N.E.2d 33 (Mass. 1982). · cites it 3× “See G. L. c. 123, § 5. The examining psychiatrist filed with the court a copy of his report, which concluded that Thompson still required maximum security treatment at Bridgewater, and that “failure to hospitalize him at that facility would create a substantial risk of harm to…”

In re E.C., 92 N.E.3d 724 (Mass. 2018). “See G. L. c. 123, § 5 ; G. L. c. 218, § 43. See also G.”

Kirk v. Commonwealth, 944 N.E.2d 135 (Mass. 2011). · cites it 4× “888, § 4; G. L. c. 123, §§ 5, 9 (a). See also Walker, Mental Health Law Reform in Massachusetts, 53 B.”

In re N.L., 476 Mass. 632 (Mass. 2017). · cites it 2× “and G. L. c. 123, § 5, contain language that is nearly identical to the “unless” clause of G.”

In re E.C., 55 N.E.3d 979 (Mass. App. Ct. 2016). “See G. L. c. 123, § 5; G. L. c. 218, § 43A. The Appellate Division determined that the period ended on or around March 4, 2013, based on a docket entry explaining that E.”

Machado v. Leahy, 17 Mass. L. Rptr. 263 (Mass. Super. Ct. 2004). “211D, §16), mental health commitments (G.L.c. 123, §5), and proceedings relating to sexually dangerous persons (G.”

In the Matter of N.L. (Mass. 2017). · cites it 3× “G. L. c. 123, § 5. An indigent person must be appointed counsel (unless he or she refuses the appointment of counsel), and the court may provide such a person with an independent medical examination.”

In the Matter of E.C. (Mass. App. Ct. 2016). “See G. L. c. 123, § 5; G. L. c. 218, § 43A. 3 The Appellate Division determined that the period ended on or around March 4, 2013, based on a docket entry explaining that E.”

In the Matter of E.C. (Mass. 2018). “See G. L. c. 123, § 5; G. L. c. 218, § 43. See also G.”

Walden Behavioral Care v. K. I., 2014 Mass. App. Div. 1 (Mass. Dist. Ct., App. Div. 2014). “G.L.c. 123, §5. After hearing, the court may issue an order of commitment only upon a finding, beyond a reasonable doubt, that (1) the patient is, in fact, mentally ill, G.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.