Massachusetts General Laws
Chapter 111e - Drug Rehabilitation
Section 12 - Probation of Drug Dependent Persons; Treatment; Urinalysis Program; Reports

Section 12. Any court may, in placing on probation a defendant who is a drug dependent person who would benefit by treatment, impose as a condition of probation that the defendant receive treatment in a facility as an inpatient or outpatient; provided, however, that the court shall not impose such a condition of probation unless, after consulting with the facility, it determines that adequate and appropriate treatment is available. The defendant shall receive treatment at the facility for so long as the administrator of the facility deems that the defendant will benefit by treatment, but in no event shall he receive treatment at the facility for a period longer than the period of probation ordered by the court. A periodic program of urinalysis may be employed as a condition of probation to determine the drug free status of the probationer. The cost of the administration of such program shall be borne by the commonwealth. If the court requires as a condition of probation that the defendant shall reside in alcohol and drug free housing, the judge issuing the order shall require the probation officer to refer the defendant only to alcohol and drug free housing certified pursuant to section 18A of chapter 17 and the probation officer shall require the defendant to reside in housing so certified in order to satisfy such condition if such certified housing is available. If at any time during the period of treatment the defendant does not cooperate with the administrator or the probation officer, or does not conduct himself in accordance with the order or conditions of his probation, the administrator or the probation officer may make a report thereon to the court which placed him on probation, which may consider such conduct as a breach of probation.
Throughout the period of probation at a facility pursuant to this section, the administrator of said facility shall provide quarterly written reports on the progress being made in treatment by the defendant to the defendant's probation officer.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XVI - Public Health

Chapter 111e - Drug Rehabilitation

Section 1 - Definitions

Section 2 - Division of Drug Rehabilitation; Director; Duties; Appointments; Employees

Section 4 - Comprehensive Plan for the Treatment of Drug Dependent Persons

Section 5 - Comprehensive Program for Treatment of Drug Dependent Persons; Treatment Facilities; Annual Report; List of Facilities

Section 6 - Powers and Duties of Division

Section 7 - Licensing and Approval of Facilities

Section 8 - Admission to Facilities; Application; Inpatient and Outpatient Treatment; Discharge; Readmission

Section 9 - Emergency Treatment

Section 9a - Incapacitated Persons Placed Into Protective Custody Without Consent for Transport to Appropriate Emergency Medical Treatment

Section 10 - Defendant Charged With Drug Offense; Request for Examination; Stay of Proceedings; Report of Findings; Assignment; Hearing; Discharge or Transfer; Quarterly Reports; Juveniles; Review

Section 11 - Defendant Charged With Other Than Drug Offense; Request for Examination; Evidence; Report; Treatment; Consent; Hearing; Order

Section 12 - Probation of Drug Dependent Persons; Treatment; Urinalysis Program; Reports

Section 13 - Juveniles and Youthful Offenders; Examination; Admission; Inpatient or Outpatient Treatment; Report; Department of Youth Services; Jurisdiction

Section 13a - Children Referred by Department of Children and Families or Juvenile Court; Examination; Report; Treatment; Jurisdiction

Section 14 - Findings; Recording

Section 15 - Requiring Admission to Facilities; Rules and Regulations

Section 16 - Supervision of Patients

Section 17 - Liability for Cost of Treatment; Rules and Regulations

Section 18 - Record of Treatment; Rights of Patients