Section 7. (a) The superintendent of a facility may petition the district court or the division of the juvenile court department in whose jurisdiction the facility is located for the commitment to said facility and retention of any patient at said facility whom said superintendent determines that the failure to hospitalize would create a likelihood of serious harm by reason of mental illness.
(b) The medical director of the Bridgewater state hospital, the commissioner of mental health, or with the approval of the commissioner of mental health, the superintendent of a facility, may petition the district court or the division of the juvenile court department in whose jurisdiction the facility or hospital is located for the commitment to the Bridgewater state hospital of any male patient at said facility or hospital when it is determined that the failure to hospitalize in strict security would create a likelihood of serious harm by reason of mental illness.
(c) Whenever a court receives a petition filed under any provisions of this chapter for an order of commitment of a person to a facility or to the Bridgewater state hospital, such court shall notify the person, and his nearest relative or guardian, of the receipt of such petition and of the date a hearing on such petition is to be held. The hearing on a petition brought for commitment pursuant to paragraph (e) of section 15, and sections 16 and 18, or for a subsequent commitment pursuant to paragraph (d) of section 8 shall be commenced within 14 days of the filing of the petition, unless a delay is requested by the person or his counsel. For all other persons, the hearing shall be commenced within 5 days of the filing of the petition, unless a delay is requested by the person or his counsel. The periods of time prescribed or allowed under the provisions of this section shall be computed pursuant to Rule 6 of the Massachusetts Rules of Civil Procedure.
Notes of Decisions
Cited in 98
cases (11 in the last 5 years), 1975–2025 · leading case: In re E.C., 92 N.E.3d 724 (Mass. 2018).
In re E.C., 92 N.E.3d 724 (Mass. 2018). · cites it 21ד123, § 16 ( c ), petition to a petition for civil commitment pursuant to G. L. c. 123, §§ 7 and 8. E.C. opposed the motion and argued that Bridgewater was required to release him because the criminal charge had been dismissed.”
In re Chapman, 122 N.E.3d 507 (Mass. 2019). · cites it 11דWhen the danger to be prevented is physical harm arising from mental illness and the Commonwealth seeks civil commitment under G. L. c. 123, §§ 7 - 8, an individual will not generally be held involuntarily for longer than one month before there is an adjudication based on proof…”
Williams v. Steward Health Care Sys., LLC, 103 N.E.3d 1192 (Mass. 2018). · cites it 10ד123, § 12 ( a ) and ( b ), expired, on January 12, 2012, the hospital's superintendent filed a petition for commitment under G. L. c. 123, §§ 7 and 8. A hearing on the petition was conducted on January 19, 2012, before a Boston Municipal Court judge, and an order of commitment…”
In re N.L., 476 Mass. 632 (Mass. 2017). · cites it 14דappeals from the order for his civil commitment to a mental health facility (hospital), pursuant to G. L. c. 123, §§ 7 and 8, and the order authorizing his treatment with anti-psychotic medications pursuant to G.”
Pembroke Hosp. v. D.L., 122 N.E.3d 1058 (Mass. 2019). · cites it 7דBy the end of that period of time, the individual must be discharged unless the facility files a petition for continued involuntary commitment pursuant to G. L. c. 123, §§ 7 - 8, or the person chooses to stay voluntarily.”
Newton-Wellesley Hosp. v. Magrini, 889 N.E.2d 929 (Mass. 2008). · cites it 7דMagrini previously had been restrained and temporarily committed to a psychiatric unit of the hospital, and had obtained a court order directing his discharge because the hospital did not, with respect to his initial temporary commitment, timely file a petition for his continued…”
In re M.C., 115 N.E.3d 546 (Mass. 2019). · cites it 6דmedically (administer antipsychotics) pursuant to G. L. c. 123, § 8B, based on the prior diagnosis of schizophrenia.”
Commonwealth v. Gillis, 861 N.E.2d 422 (Mass. 2007). · cites it 7דWe consider whether individuals who are not serving any criminal sentence and have no charges pending against them, but who have been civilly committed to Bridgewater State Hospital under G. L. c. 123, §§ 7 and 8, following a period of incarceration, are subject to SDP…”
Sharris v. Commonwealth, 106 N.E.3d 661 (Mass. 2018). · cites it 4ד123, § 8, and request that all subsequent hearings be conducted in accordance with G. L. c. 123, §§ 7, 8, was allowed, and the defendant was civilly committed to Bridgewater for one year.”
Hashimi v. Kalil, 446 N.E.2d 1387 (Mass. 1983). · cites it 4דNeither Kalil nor anyone on his behalf had requested this date or a continuance.”
In re G.P., 473 Mass. 112 (Mass. 2015). · cites it 5ד, that the judge must find proved by clear and convincing evidence the facts supporting determinations that the respondent is an alcoholic or substance abuser and that there is a likelihood of serious harm directly resulting from his or her alcoholism or substance abuse. See…”
Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). · cites it 7דIn this case the hospital sought to commit the objecting principal under G. L. c. 123, §§ 7 and 8, the involuntary commitment statute, whereupon a judge in the Probate and Family Court made a determination that commitment was in the best interests of the principal and that there…”
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