Mass. Gen. Laws ch. 123, § 7

Commitment and retention of dangerous persons; petition; notice; hearing

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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.

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In re E.C. (2018) mass · cites it 21× “123, § 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 (2019) mass · cites it 11× “When 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 (2018) mass · cites it 10× “123, § 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. (2017) mass · cites it 14× “appeals 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 Hospital v. D.L. (2019) mass · cites it 7× “By 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 Hospital v. Magrini (2008) mass · cites it 7× “Magrini 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. (2019) mass · cites it 6× “medically (administer antipsychotics) pursuant to G. L. c. 123, § 8B, based on the prior diagnosis of schizophrenia.”

Commonwealth v. Gillis (2007) mass · cites it 7× “We 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 (2018) mass · cites it 4× “123, § 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 (1983) mass · cites it 4× “Neither Kalil nor anyone on his behalf had requested this date or a continuance.”

In re G.P. (2015) mass · cites it 5× “, 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 (2002) mass · cites it 7× “In 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…”

Show all 98 citing cases →

— Mass. Gen. Laws ch. 123, § 7(6) — 1 case

Commonwealth v. Shaheed (2010) massappct

— Mass. Gen. Laws ch. 123, § 7(a) — 3 cases

Walden Behavioral Care v. K. I. (2014) massdistctapp

Acting Superintendent of Bournewood Hospital v. Baker (1999) massdistctapp

Melrose-Wakefield Hospital v. H.S. (2010) massdistctapp

— Mass. Gen. Laws ch. 123, § 7(b) — 2 cases

In re of C.B. (2013) massdistctapp

In the Matter of E.C. (2016) massappct

— Mass. Gen. Laws ch. 123, § 7(c) — 7 cases

In re Molina (2007) massdistctapp

Melrose-Wakefield Hospital v. H.S. (2010) massdistctapp

Commonwealth v. Pfistner (2001) masssuperct

Myers v. Saccone (1999) massdistctapp

Soremekun v. Wilkinson (2000) massdistctapp

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