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SENATE DOCKET, NO. 1634 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1117
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cindy F. Friedman
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to treatment, not incarceration.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexMichael J. BarrettThird Middlesex2/3/2025Russell E. Holmes6th Suffolk2/27/2025John F. KeenanNorfolk and Plymouth2/27/2025Sal N. DiDomenicoMiddlesex and Suffolk3/6/2025 1 of 2
SENATE DOCKET, NO. 1634 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1117
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1117) of Cindy F. Friedman,
Michael J. Barrett, Russell E. Holmes, John F. Keenan and others for legislation relative to
treatment, not incarceration. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2927 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to treatment, not incarceration.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 87A of chapter 276 of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by inserting after the first paragraph the following paragraphs:-
3 Upon motion by a person who has been ordered to submit to drug or alcohol testing or to
4refrain from the use of alcohol or a controlled substance as a condition of probation, the court
5shall consider whether the person has an alcohol or substance use disorder and needs treatment.
6 If the person attests to having or is determined to have an alcohol or substance use
7disorder, the person shall be ordered to engage in a treatment plan or protocol: (i) with a mental
8health clinic or alcohol or substance use disorder program licensed by the department of public
9health under chapters 17, 111, 111B, or 111E; (ii) with a behavioral, alcohol use disorder, 2 of 2
10substance use disorder, or mental health professional who is licensed under chapters 111J and
11112 and accredited or certified to provide services consistent with law; (iii) with a primary care
12provider or mental health care provider prescribing medication for alcohol or substance use
13disorder; or (iv) that aligns with evidence-based practices described in the American Society of
14Addiction Medicine or the Substance Abuse and Mental Health Services Administration. If the
15person is engaged in such treatment plan or protocol, the court shall not modify such treatment
16plan or protocol or require the person to submit to additional drug or alcohol testing that is not
17required by the treatment plan or protocol.
18 A positive drug or alcohol test or other indicator of relapse shall not be considered a
19violation of the conditions of probation if the person: (i) is engaged in a treatment plan or
20protocol; (ii) is making reasonable efforts to receive treatment; (iii) is switching treatment plans
21or protocols voluntarily or at the direction of a treatment provider; (iv) is discharged from a
22treatment plan or protocol and transitioning into new a treatment plan or protocol; or (v) has
23completed a treatment plan or protocol and remains in compliance with all other conditions of
24probation.
25 If a person who has completed a treatment plan or protocol and remains subject to
26conditions of probation tests positive for drugs or alcohol or exhibits any other indicator of
27relapse, the person may again move the court to consider the person’s treatment needs and, if
28necessary, the court may order further treatment consistent with this section.