Section 16. 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. Universal Citation: MA Gen L ch 123 § 35. 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. (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. (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. During such thirty day period, the person shall be held at the facility or hospital. Current as of: 2019 | Check for updates| Other versions. § 16.1-123.1. Part I: ADMINISTRATION OF THE GOVERNMENT Ch. (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. (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. A further look 1. Alaska 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. New York Chapter 265 — Section 35. Art VII - Ratification. Michigan Contact Information Trial Court Law Libraries + Address. Within thirty days of the receipt of such notice, the district attorney may petition for commitment under the provisions of paragraph (c). The regulations went into effect on March 1, 2010. 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. Alabama 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. This law changed on July 1st, 2012 when it was previously a maximum of 30 days. Ohio 120. 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. 1 - 182 ... Chapter 123: MENTAL HEALTH. © 2020 LawServer Online, Inc. All rights reserved. I - Legislative 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. 266 sec. (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. An order of commitment under the provisions of this paragraph shall be valid for six months. (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 … Within thirty days of the receipt of such notice, the district attorney may petition for commitment under the provisions of paragraph (c). Investigation of divorce case . Massachusetts General Law Chapter 125 Section 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. Oregon 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 (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. Art. IV - States' Relations 123 sec. : ... "Section 12" & "Section 16" commitment (mental health laws) c.123, s.1-36B. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Section 121A:16A - Successor in interest to corporation; options; filing of certificate. What is a Section 12 A? 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. (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. 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