1 of 1
SENATE DOCKET, NO. 2148 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1402
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 ensuring access to addiction services.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth Middlesex 1 of 3
SENATE DOCKET, NO. 2148 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1402
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1402) of Cindy F. Friedman for
legislation to ensure access to addiction services. Mental Health, Substance Use and Recovery.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1247 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act ensuring access to addiction services.
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 1. Section 35 of chapter 123 of the General Laws, as most recently amended
2by chapter 285 of the acts of 2024, is hereby amended by striking out the definitions of “Facility”
3and “Secure facility” and inserting in place thereof the following definitions:-
4 “Facility”, a public or private facility operated, licensed or approved by the department of
5public health or department of mental health that provides care and treatment for a person with
6an alcohol or substance use disorder; provided, however, that for purposes of this section
7“facility” shall not include any jail or correctional entity or any other entity funded, controlled or
8administered by a county sheriff, the executive office of public safety and security or any agency
9under the jurisdiction of the executive office of public safety and security, regardless of whether 2 of 3
10such facility is operated, licensed or approved by the department of public health or the
11department of mental health.
12 “Secure facility”, a facility, as defined in this section, that provides care and treatment for
13persons with alcohol or substance use disorder and is designated by the department of public
14health or the department of mental health to provide levels of security sufficient to protect such
15persons and the community within such facility.
16 SECTION 2. Said section 35 of said chapter 123, as most recently amended by section 17
17of chapter 285 of the acts of 2024, is hereby amended by striking out the fourth to sixth
18paragraphs and inserting in place thereof the following paragraphs:-
19 The secretary of health and human services shall ensure an adequate supply of beds in
20facilities and secure facilities for the treatment of alcohol or substance use disorders under this
21section; provided, however, that such secure facilities shall be geographically distributed
22throughout the commonwealth to provide access to treatment in all regions of Massachusetts.
23The department of public health shall maintain a roster of public and private facilities and secure
24facilities available, together with the number of beds currently available and the level of security
25at each facility, for the care and treatment of alcohol use disorder and substance use disorder
26pursuant to this section and shall make the roster available to the trial court.
27 If the court makes a specific finding that the person requires a facility with additional
28security, the person may be committed to a secure facility.
29 A person committed under this section shall, upon release, be encouraged to consent to
30further treatment and shall be allowed voluntarily to remain in the facility for such purpose, 3 of 3
31transition to a facility with lower security or transition to a facility that is not included on the
32roster maintained by the department of public health pursuant to this section.
33 SECTION 3. Said section 35 of said chapter 123, as so appearing, is hereby amended by
34adding at the end thereof the following new paragraph:-
35 Nothing in this section shall relieve a correctional entity from its legal responsibility to
36offer evidence-based treatment for alcohol or substance use disorder to incarcerated persons on a
37voluntary basis.