massachusetts general laws chapter 123 section 16

If such restrictions are ordered, they shall not be removed except with the approval of the court. Massachusetts General Laws > Part I > Chapter 123 > § 36B Massachusetts General Laws ch. : ... "Section 12" & "Section 16" commitment (mental health laws) c.123, s.1-36B. If the court makes the findings required by paragraph (a) of section eight it shall order the person committed to a facility; if the court makes the findings required by paragraph (b) of section eight, it shall order the commitment of the person to the Bridgewater state hospital; otherwise the petition shall be dismissed and the person discharged. GENERAL LAWS OF MASSACHUSETTS. Chapter 123. On the final date of such period, the court shall dismiss the criminal charges against such person, or the court in the interest of justice may dismiss the criminal charges against such person prior to the expiration of such period. Art. Glass; throwing in public streets and beaches; penalty. Section 12: Emergency restraint and hospitalization of persons posing risk of serious harm by reason of mental illness Section 12. The person’s attorney may present independent expert testimony or other testimony from family, friends, employers, and others concerned. However, the petition for the commitment of an untried defendant shall be heard only if the defendant is found incompetent to stand trial, or if the criminal charges are dismissed after commitment. For purposes of the computation of parole eligibility, the minimum sentence shall be regarded as one half of the maximum sentence potential sentence. Section 16 Hospitalization of persons incompetent to stand trial or not guilty by reason of mental illness; examination period; commitment; hearing; restrictions; dismissal of criminal charges. Each general district court shall have, within the county, including the towns within such county, or city for which it is established, exclusive original jurisdiction for the trial of: a. VI - Prior Debts : Section No. If the person is not found incompetent, the court shall notify the court with jurisdiction of the criminal charges, which court shall thereupon order the defendant returned to its custody for the resumption of criminal proceedings. During such thirty day period, the person shall be held at the facility or hospital. Board of Patent Appeals, Preamble Massachusetts General Laws - Hospitalization of persons incompetent to stand trial or not guilty by reason of mental illness; examination period; commitment; hearing; restrictions; dismissal of criminal charges - Chapter 123, Section 16 At the court hearing, the court shall order an examination by a qualified physician, psychologist, or social worker. Massachusetts General Laws (MGL) information and popular name table. An order of commitment under the provisions of this paragraph shall be valid for six months. Administrative office (no law library at this location) 2 Center Plaza, 9th Floor, Boston, MA 02108 Directions . Investigation of divorce case . MENTAL HEALTH. If such restrictions are ordered, they shall not be removed except with the approval of the court. Chapter 265 — Section 35. Section 16. Section 16. Current as of: 2019 | Check for updates| Other versions. Alaska 1. US Tax Court (b) During the period of observation of a person believed to be incompetent to stand trial or within sixty days after a person is found to be incompetent to stand trial or not guilty of any crime by reason of mental illness or other mental defect, the district attorney, the superintendent of a facility or the medical director of the Bridgewater state hospital may petition the court having jurisdiction of the criminal case for the commitment of the person to a facility or to the Bridgewater state hospital. II - Executive For purposes of the computation of parole eligibility, the minimum sentence shall be regarded as one half of the maximum sentence potential sentence. In the event a period of hospitalization under the provisions of paragraph (a) has expired, or in the event no such period of examination has been ordered, the court may order the temporary detention of such person in a jail, house of correction, facility or the Bridgewater state hospital until such time as the findings required by this paragraph are made or a determination is made that such findings cannot be made. Section 16. ADMINISTRATION OF THE GOVERNMENT. (a) The court having jurisdiction over the criminal proceedings may order that a person who has been found incompetent to stand trial or not … If the court is unable to make the findings required by this paragraph, but makes the findings required by paragraph (a), the court shall order the commitment of the person to a facility designated by the department. Phone. V - Mode of Amendment All subsequent proceedings for the further commitment of a person committed under this section shall be in the court which has jurisdiction of the facility or hospital. Chapter 123: MENTAL HEALTH. Georgia What is a Section 12 A? This law changed on July 1st, 2012 when it was previously a maximum of 30 days. In the event the superintendent communicates his intention to remove or modify such restriction in writing to the court and within fourteen days the court does not make written objection thereto, such restrictions shall be removed by the superintendent. Arizona Washington, US Supreme Court Terms Used In Massachusetts General Laws ch. Chapter 265 — Section 32. Ohio (e) Any person committed to a facility under the provisions of this section may be restricted in his movements to the buildings and grounds of the facility at which he is committed by the court which ordered the commitment. General Law - Part I, Title XVII, Chapter 123, Section 16. However, the petition for the commitment of an untried defendant shall be heard only if the defendant is found incompetent to stand trial, or if the criminal charges are dismissed after commitment. 266 sec. All subsequent proceedings for the further commitment of a person committed under this section shall be in the court which has jurisdiction of the facility or hospital. Art. Both electronic and paper records will need to comply with the new law. Within thirty days of the receipt of such notice, the district attorney may petition for commitment under the provisions of paragraph (c). Home: MGL Outline ... Search for a specific chapter and section of the Massachusetts General Laws: Chapter No. Chapter 265 — Section 33. 42 USC 290aa - Substance Abuse and Mental Health Services Administration, 42 USC 290bb - Center for Substance Abuse Treatment, U.S. Code > Title 24 > Chapter 4 > Subchapter III - Mental Health Service for District of Columbia, U.S. Code > Title 24 > Chapter 9 - Hospitalization of Mentally Ill Nationals Returned From Foreign Countries, U.S. Code > Title 42 > Chapter 6A > Subchapter II - General Powers and Duties, California Codes > Welfare and Institutions Code > Division 4 - Mental Health, California Codes > Welfare and Institutions Code > Division 5 - Community Mental Health Services, California Codes > Welfare and Institutions Code > Division 6 - Admissions and Judicial Commitments, California Codes > Welfare and Institutions Code > Division 7 - Mental Institutions, Florida Statutes > Chapter 394 - Mental Health, Illinois Compiled Statutes > 210 ILCS 49 - Specialized Mental Health Rehabilitation Act of 2013, Illinois Compiled Statutes > 5 ILCS 420 > Article 3 > Part 1 - Rules of Conduct for Legislators, Illinois Compiled Statutes > 5 ILCS 420 > Article 3 > Part 2 - Ethical Principles for Legislators, Texas Civil Practice and Remedies Code Chapter 137 - Declaration for Mental Health Treatment, Texas Health and Safety Code > Title 7 - Mental Health and Intellectual Disability. Art. Massachusetts General Laws: Chapter 208 - Divorce Prev Next Section 16. Section 12(a) allows for an individual to be brought against his or her will to such a hospital for evaluation. (a) The court having jurisdictionover the criminal proceedings may order that a person who has been found … It will save the court and Judgment debtor time and energy if the court is unable to force payment because of an exemption. Virginia (c) After the expiration of a commitment under paragraph (b) of this section, a person may be committed for additional one year periods under the provisions of sections seven and eight of this chapter, but no untried defendant shall be so committed unless in addition to the findings required by sections seven and eight the court also finds said defendant is incompetent to stand trial. Section 16. The Massachusetts General Law Chapter 123 Section 35 allows a person to be involuntarily committed into a treatment facility for drug/alcohol abuse for a maximum of 90 days if suspected to pose an immediate risk to themselves or others. Section 12(a) allows for an individual to be brought against his or her will to such a hospital for evaluation. California Massachusetts General Law Chapter 123 Section 12 authorizes any physician or qualified psychiatric clinical specialist (including a psychologist, nurse or social worker) to authorize restraint of a person who in their judgment is a danger to themselves or others because of mental illness. (b) During the period of observation of a person believed to be incompetent to stand trial or within sixty days after a person is found to be incompetent to stand trial or not guilty of any crime by reason of mental illness or other mental defect, the district attorney, the superintendent of a facility or the medical director of the Bridgewater state hospital may petition the court having jurisdiction of the criminal case for the commitment of the person to a facility or to the Bridgewater state hospital. 36B – Duty to warn patient’s potential victims; cause of action. Massachusetts New Jersey Michigan 120. In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment. If the superintendent or medical director of the Bridgewater state hospital intends to discharge a person committed under this section or at the end of a period of commitment intends not to petition for his further commitment, he shall notify the court and district attorney which have or had jurisdiction of the criminal case. (c) After the expiration of a commitment under paragraph (b) of this section, a person may be committed for additional one year periods under the provisions of sections seven and eight of this chapter, but no untried defendant shall be so committed unless in addition to the findings required by sections seven and eight the court also finds said defendant is incompetent to stand trial. PUBLIC WELFARE. Such a commitment shall be for the purpose of inpatient care of a person with an alcohol or substance use disorder in a facility. (a) The court having jurisdiction over the criminal proceedings may order that a person who has been found incompetent to stand trial or not guilty by reason of mental illness or mental defect in such proceedings be hospitalized at a facility for a period of forty days for observation and examination; provided that, if the defendant is a male and if the court determines that the failure to retain him in strict security would create a likelihood of serious harm by reason of mental illness, or other mental defect, it may order such hospitalization at the Bridgewater state hospital; and provided, further, that the combined periods of hospitalization under the provisions of this section and paragraph (b) of section fifteen shall not exceed fifty days. Section 16 of Chapter 224 allows a Judgment debtor to file a motion to get the Supplementary process portion or a capias (civil arrest warrant) dismissed. If the person is not found incompetent, the court shall notify the court with jurisdiction of the criminal charges, which court shall thereupon order the defendant returned to its custody for the resumption of criminal proceedings. Title XVII. In order to determine the mental condition of any party or witness before any court of the commonwealth, the presiding judge may, in his discretion, request the department to assign a qualified physician or psychologist, who, if assigned shall make such examinations as the judge may deem necessary. This paragraph shall not apply to persons originally committed after a finding of incompetence to stand trial whose criminal charges have been dismissed. (e) Any person committed to a facility under the provisions of this section may be restricted in his movements to the buildings and grounds of the facility at which he is committed by the court which ordered the commitment. 123 sec. Throwing or dropping objects onto public way; punishment. (d) The district attorney for the district within which the alleged crime or crimes occurred shall be notified of any hearing conducted for a person under the provisions of this section or any subsequent hearing for such person conducted under the provisions of this chapter relative to the commitment of the mentally ill and shall have the right to be heard at such hearings. Art. ; Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Repealed, 1962, 285, Sec. (f) If a person is found incompetent to stand trial, the court shall send notice to the department of correction which shall compute the date of the expiration of the period of time equal to the time of imprisonment which the person would have had to serve prior to becoming eligible for parole if he had been convicted of the most serious crime with which he was charged in court and sentenced to the maximum sentence he could have received, if so convicted. Chapter 265 — Section 34. If the superintendent seeks removal or modification of such restriction, the superintendent shall notify the district attorney who has or had jurisdiction of the relevant criminal case. General Laws. Section 19: Parties or witnesses; determination of mental condition Section 19. 1 - 182 ... Chapter 123: MENTAL HEALTH. LawServer is for purposes of information only and is no substitute for legal advice. Justia US Law US Codes and Statutes Massachusetts General Laws 2012 Massachusetts General Laws PART IV CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES(Chapters 263 through 280) TITLE I CRIMES AND PUNISHMENTS CHAPTER 266 CRIMES AGAINST PROPERTY Section 16 Breaking and entering at night Massachusetts General Law Chapter 125 Section In the event a period of hospitalization under the provisions of paragraph (a) has expired, or in the event no such period of examination has been ordered, the court may order the temporary detention of such person in a jail, house of correction, facility or the Bridgewater state hospital until such time as the findings required by this paragraph are made or a determination is made that such findings cannot be made. § 16.1-123.1. In Massachusetts, Section 12 of Chapter 123 of the Massachusetts General Laws controls the admission of an individual to a general or psychiatric hospital for psychiatric evaluation and, potentially, treatment. The regulations went into effect on March 1, 2010. Part I: ADMINISTRATION OF THE GOVERNMENT Ch. Within thirty days of the receipt of such notice, the district attorney may petition for commitment under the provisions of paragraph (c). Massachusetts General Laws ch. When an examination is ordered, the court shall instruct the examining physician or psychologist in the law for determining mental competence to … Section 35. If, after the superintendent communicates the superintendent’s intention to remove or modify such restriction in writing to the court and the district attorney who has or had jurisdiction of the relevant criminal case, neither the court nor the district attorney makes written objection to such removal or modification within 14 days of receipt of the notice, such restriction shall be removed by the superintendent. Section 16 of Chapter 224. (c) The court shall render its decision on the petition within ten days of the completion of the hearing, provided, that for reasons stated in writing by the court, the administrative justice for the … This paragraph shall not apply to persons originally committed after a finding of incompetence to stand trial whose criminal charges have been dismissed. Tattooing body of person by other than qualified physician; punishment. Part I. 16 – Hospitalization of persons incompetent to stand trial or not guilty by reason of mental illness; examination period; commitment; hearing; restrictions; dismissal of criminal charges. Chapter 123: MENTAL HEALTH Section 1 Definitions; Section 2 Regulations; Section 3 Transfers; notice; emergencies; Section 4 Periodic review; notice; Section 5 Commitment or retention hearings; right to counsel; medical examination; notice; Section 6 Retention of persons; validity of orders; hearing; Section 7 Commitment and retention of dangerous persons; petition; notice; hearing Whenever practicable, examinations shall be conducted at the court house or place of detention where the person is being held. Massachusetts General Laws Chapter 123, sec 35 permits the courts to involuntarily commit someone who has an alcohol or substance use disorder and there is a likelihood of serious harm as a result of his/her alcohol or substance use. If the superintendent or medical director of the Bridgewater state hospital intends to discharge a person committed under this section or at the end of a period of commitment intends not to petition for his further commitment, he shall notify the court and district attorney which have or had jurisdiction of the criminal case. Where applicable, the provisions of sections one hundred and twenty-nine, one hundred and twenty-nine A, one hundred and twenty-nine B, and one hundred and twenty-nine C of chapter one hundred and twenty-seven shall be applied to reduce such period of time. Nevada Any judge of a probate court wherein any action for divorce is pending may appoint an attorney to investigate and report to the court in relation thereto and may direct such attorney, or any other attorney, to defend the action. Massachusetts General Laws, session laws & bills Massachusetts historical legal documents and laws . Art. 123 sec. If the court makes the findings required by paragraph (a) of section eight it shall order the person committed to a facility; if the court makes the findings required by paragraph (b) of section eight, it shall order the commitment of the person to the Bridgewater state hospital; otherwise the petition shall be dismissed and the person discharged. On the final date of such period, the court shall dismiss the criminal charges against such person, or the court in the interest of justice may dismiss the criminal charges against such person prior to the expiration of such period. The person has a right to refuse the examination. (a) The court having jurisdiction over the criminal proceedings may order that a person who has been found incompetent to stand trial or not guilty by reason of mental illness or mental defect in such proceedings be hospitalized at a facility for a period of forty days for observation and examination; provided that, if the defendant is a male and if the court determines that the failure to retain him in strict security would create a likelihood of serious harm by reason of mental illness, or other mental defect, it may order such hospitalization at the Bridgewater state hospital; and provided, further, that the combined periods of hospitalization under the provisions of this section and paragraph (b) of section fifteen shall not exceed fifty days. III - Judicial Texas Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. (d) The district attorney for the district within which the alleged crime or crimes occurred shall be notified of any hearing conducted for a person under the provisions of this section or any subsequent hearing for such person conducted under the provisions of this chapter relative to the commitment of the mentally ill and shall have the right to be heard at such hearings. Alabama © 2020 LawServer Online, Inc. All rights reserved. Open and gross lewdness and lascivious behavior is proscribed by Massachusetts General Laws Chapter 272 Section 16. Illinois Pennsylvania 2. Contact Information Trial Court Law Libraries + Address. General Laws of Massachusetts features Massachusetts state laws on elections, taxation, education, regulation of trade, public welfare, public safety, labor, corporations, real property, wills, estates, trusts, domestic relations, and crimes and punishments. General Laws of Massachusetts - Chapter 123 Mental Health - Section 16 Hospitalization of persons incompetent to stand trial or not guilty by reason of mental illness; examination period; commitment; hearing; restrictions; dismissal of criminal charges. Florida An order of commitment under the provisions of this paragraph shall be valid for six months. Section 121A:16A - Successor in interest to corporation; options; filing of certificate. This type of behavior includes the deliberate exposure of buttocks, genitalia or female breasts. To convict a defendant of this offense, the prosecutor must prove beyond a reasonable doubt that the defendant: For the purposes of this section, "alcoholic'' shall mean a person who chronically or habitually consumes alcoholic beverages to the extent that (1) such use substantially injures his health or substantially interferes with his social or economic functioning, or (2) he has lost the power of self-control over the use of such beverages. A further look Art. Indiana Art VII - Ratification. IV - States' Relations General Laws of Massachusetts features Massachusetts state laws on elections, taxation, education, regulation of trade, public welfare, public safety, labor, corporations, real property, wills, estates, trusts, domestic relations, and crimes and punishments. Universal Citation: MA Gen L ch 123 § 35. If the chapter is also available in RTF format, you may go straight to the Download area at the bottom of the page to download and print the whole chapter RTF copy. I - Legislative During such thirty day period, the person shall be held at the facility or hospital. You may refer to the “ FAQ ” page for further information on printing. Where applicable, the provisions of sections one hundred and twenty-nine, one hundred and twenty-nine A, one hundred and twenty-nine B, and one hundred and twenty-nine C of chapter one hundred and twenty-seven shall be applied to reduce such period of time. (f) If a person is found incompetent to stand trial, the court shall send notice to the department of correction which shall compute the date of the expiration of the period of time equal to the time of imprisonment which the person would have had to serve prior to becoming eligible for parole if he had been convicted of the most serious crime with which he was charged in court and sentenced to the maximum sentence he could have received, if so convicted. Oregon Section 16. The return filed by a purchaser shall include the sales prices of all services or tangible personal property purchased at taxable retail sale during the calendar month or other period for which the return is filed and upon which the tax imposed has not been reimbursed by the purchaser to a vendor. This is a tool not often used. The Massachusetts General Law Chapter 93H and its new regulations 201 CMR 17.00 require that any companies or persons who store or use personal information (PI) about a Massachusetts resident develop a written, regularly audited plan to protect personal information. ; penalty 123 > § 36B Massachusetts General Laws, session Laws & bills Massachusetts historical documents... Law - Part I > Chapter 123 > § 36B Massachusetts General law Part.: Chapter no and Laws no substitute for legal advice defendant of this paragraph shall be the., employers, and others concerned behavior includes the deliberate massachusetts general laws chapter 123 section 16 of,. 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Of massachusetts general laws chapter 123 section 16 2019 | Check for updates| other versions this location ) Center... The provisions of this paragraph shall be valid for six months dropping objects onto public way ; punishment for! Energy if the court house or place of detention where the person shall be for! Regarded as one half of the computation of parole eligibility, the sentence... ; penalty Open and gross lewdness and lascivious behavior is proscribed by Massachusetts General Laws: Chapter no detention... L ch 123 § 35 alcohol or substance use disorder in a.... Such restrictions are ordered, they shall not be removed except with the of. 2012 when it was previously a maximum of 30 days: MA Gen L 123. Committed after a finding of incompetence to stand trial whose criminal charges have been dismissed behavior is by. Be brought against his or her will to such a hospital for evaluation and. 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