Section 11 Defendant charged with other than drug offense; request for examination; evidence; report; treatment; consent; hearing; order - Massachusetts Statutes

Section 11. Any person found guilty of a violation of any law other than a drug offense, who prior to disposition of the charge, states that he is a drug dependent person, and requests an examination shall be examined by a psychiatrist or, if, in the discretion of the court, it is impracticable to do so, by a physician, to determine whether or not he is a drug dependent person who is a drug addict who would benefit by treatment or a drug dependent person who is not a drug addict but who would benefit by treatment.

If the defendant has previously been examined, pursuant to a request for an examination made in accordance with section ten, the report of the physician or psychiatrist who conducted the examination shall serve at the examination provided for under this section.

The examination shall be conducted at any appropriate location upon appropriate order of the court. In no event shall the request for such examination or any statement made by the defendant during the course of the examination or any finding of the psychiatrist or physician be admissible against the defendant in any criminal proceeding. The psychiatrist or physician shall report in writing to the court within five days after the completion of the examination, stating the facts upon which the report is based and the reasons therefor.

If the report states that the defendant is a drug dependent person who would benefit by treatment, and if the court orders that the defendant be confined to a jail, house of correction, prison, or other correctional institution, the court may further order that the defendant be afforded treatment at a penal facility for the whole or any part of the term of imprisonment; provided, however, that the court shall determine the term of treatment to be afforded with the advice of the administrator of the penal facility; and provided, further, that the court shall not order that the defendant be afforded treatment at a penal facility unless the defendant consents to the order in writing. The administrator may terminate treatment of the defendant at such time as he determines the defendant will no longer benefit by treatment.

If the report states that the defendant is not a drug dependent person who would benefit by treatment, the defendant shall be entitled to request a hearing on whether or not he is a drug dependent person who would benefit by treatment. If the court determines that he is a drug dependent person who would benefit by treatment, and if the court orders that the defendant be confined to a jail, house of correction, prison, or other correctional institution, the court may order that the defendant be afforded treatment at a penal facility in accordance with the standards and procedures set forth in this section.

If the court does not order that the defendant be confined to a jail, house of correction, prison, or other correctional institution, the court may order that the defendant be afforded treatment pursuant to section twelve.