Is there a law in California such as the one in Massechusetts described at section 35?
January 25, 2010 - 4:37 am
CHAPTER 123. MENTAL HEALTH
Chapter 123: Section 35. Commitment of alcoholics or substance abusers
I know this exists in Massechusetts, but I am wondering if there is such a law like this that exists in california?
I know of no similar law in California. California permits the involuntary commitment only of those who have mental illness which results in their being dangerous or gravely disabled (which means unable to obtain the necessities of life; food, clothing, shelter). In some cases, those with communicable illnesses who will not follow a treatment regimen can be involuntarily committed as well. But I know of nothing which would permit the commitment of a person just for being an alcoholic or drug addict.
January 25th, 2010 at 9:51 am
Yes, this exists in MA but, don’t count on getting what you want out of it. To prove someone is dangerous to themself or to others, they have to be a knock down falling drunk who won’t eat, is stealing money for booze or drugs, has no place to live, etc. You have to go to court and petition for a section 35. The Judge will order the person to undergo testing-which is like a psych evaluation. It last about 5 minutes to 1/2 hour. The court psychiatrist has to be convinced that this person will either die or somehow kill himself and they must intervene to save him. This is rare since the majority of people say they aren’t that bad and don’t want to be admitted to a hospital or clinic. Anyone can check themself into or or even commit themself. Doing it against their will is hard to prove. It sounds like it is an answer to get someone help but you will eventually be disappointed. If you search CA laws, go under the website and google it. There may be something different or a different criteria that CA follows.
http://www.mass.gov/legis/laws/mgl/123-35.htm
References :
Case Management, Human Services
MA Resident
January 25th, 2010 at 10:12 am
I know of no similar law in California. California permits the involuntary commitment only of those who have mental illness which results in their being dangerous or gravely disabled (which means unable to obtain the necessities of life; food, clothing, shelter). In some cases, those with communicable illnesses who will not follow a treatment regimen can be involuntarily committed as well. But I know of nothing which would permit the commitment of a person just for being an alcoholic or drug addict.
References :
30+ years as a criminal defense attorney