​Civil Commitments in MA Comparison

	Sexually Dangerous Offender Part I Title XVII, Chap. 123A S 1 et seq.	Emergency Restraint of Dangerous Person Part I Title XVII Chap. 123 S 12	Mental Illness Part I Title XVII Chap. 123 S 1 et seq.	Alcoholism or Substance Abuse Part I Title XVII Chap. 123 S 35
Commitment Eligibility	Convicted, adjudicated delinquent, or found incompetent to stand trial for a sexual offense. Generally, Levels 2, 3, or sexually violent predators.	Diagnosed by physician, psychiatrist, psychologist, psychiatric nurse, or police officer as presenting a likelihood of serious harm by reason of mental illness.	Superintendent or medical director of the facility finds that failure to hospitalize would create a likelihood of serious harm by reason of mental illness.	Any police officer, physician, spouse, blood relative, guardian, or court official may petition in writing any district court for an order of commitment of a person whom s/he has reason to believe is an alcoholic or substance abuser.
Time Committed	1 day to life (indeterminate). Until mental abnormality or personality disorder no longer dominates their actions.	Four days.	1st order of commitment: up to 6 months. Subsequent orders: up to 1 year.	Up to 30 days, or until person is determined by superintendent of facility that release will not result in a likelihood of serious harm.
Standard of Future Dangerousness / Likelihood of Serious Harm	Mental abnormality or personality disorder that makes person likely to engage in sexual offenses again if not confined to a secure facility.	Substantial risk of physical harm to self or others as manifested by evidence of, threats of, or attempts at, suicide, homicide, or serious bodily harm by mental illness.	Substantial risk of physical harm to self or others as manifested by evidence of, threats of, or attempts at, suicide, homicide, or serious bodily harm by mental illness.	A person who chronically or habitually consumes alcoholic beverages or controlled substances 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 drugs.
Appeals Process	None. Must wait until community access board determines he is no longer a sexually dangerous offender.	Admitted person (with right to counsel) may request emergency hearing in district court by next day.	Any person may make a written application to a justice of superior court stating that the person committed should be released. Committed person has right to counsel.	None. Physician or psychologist’s determination of abuse and finding of dangerousness is final word until superintendent’s consent to release.

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