Special to the Sun
Senator Nick Collins announced that his legislation, An Act Relative to Life-Saving Treatment (S.1042), is advancing through the legislative process. Recently, the bill received a unanimous vote of approval from the Joint Committee on the Judiciary. The bill aims to reform the state’s civil commitment laws, increasing access to treatment and improving oversight of medical discharges from care.
“This bill is about acting at the critical moment when someone survives an overdose and is most in need of intervention and treatment. The system we have now isn’t working, and people are falling through the cracks,” said Senator Nick Collins, the bill’s sponsor.
S.1042 would reform the state’s civil commitment process for individuals with substance use disorders, addressing key gaps that currently delay or disrupt care. Under current law, family members, physicians, police officers, court officials, and social workers may petition a judge to civilly commit someone who poses a danger to themselves or others due to their substance abuse. According to Trial Court statistics, there has been a 50% drop in civil commitment petitions in Boston over the last five years, with the 544 petitions filed in FY25 representing the lowest amount per year in over a decade.
This trend coincides with approximately 15,000 patients being brought to the hospital after surviving an overdose over the last five years.
With over 90% of the petitions made by family members, according to Trial Court statistics, this legislation would create a clearer path to treatment for patients before they are discharged after surviving an overdose.
Right now, people are being discharged without treatment and sent right back to the streets. This legislation seeks to change that by ensuring that patients are discharged into a safe environment.
S.1042 introduces a comprehensive package of reforms. It allows for virtual Section 35 court hearings, enabling patients who are hospitalized after an overdose to participate in proceedings without delay. The bill also mandates an evaluation by a social worker before a patient is discharged from the hospital after surviving an overdose.
Additionally, the bill adds judicial approval for early discharges from civil commitment facilities to ensure that individuals are not released prematurely. This provision aims to prevent patients from being released without the proper level of treatment or a safe place and plan for discharge.
The need for these reforms has only become more urgent. Recent reports have highlighted the public health and safety crisis that has spread beyond Mass & Cass and into surrounding neighborhoods of Boston.
The current system often misses the opportunity to intervene effectively.