MA H5126

Courts may order substance abuse assessments for persons on probation at any time to evaluate alcohol or substance use disorders and treatment needs

Individuals determined to have a substance use disorder may be ordered into treatment programs, including licensed mental health clinics, substance use disorder programs, licensed behavioral health professionals, or providers prescribing medication-assisted treatment

Treatment must align with evidence-based practices from the American Society of Addiction Medicine or SAMHSA, and courts must consider treatment provider attestations when monitoring probation conditions

Following a positive drug/alcohol test or relapse indicator, courts must review provider attestations regarding the person's engagement in treatment before taking action

Courts retain authority to use graduated probation sanctions for public safety while allowing individuals who relapse after completing treatment to be ordered into additional treatment