Legal Question in Wills and Trusts in Massachusetts
Privacy of Commitment Records
If a hearing is held to petition for commitment due to mental illness, how is the privacy of the defendent protected? Who has access to these records (individuals, government agencies, etc)?
2 Answers from Attorneys
Re: Privacy of Commitment Records
In Massachusetts, commitments are governed by C. 123 of the general laws. Section 36A provides that, unless the court decides otherwise, the commitment docket (name, documents filed, etc.) is private, and the file can be accessed only by the attorneys involved or others who are authorized. Commitment due to to a finding of incompetency to stand trial or after a finding of not guilty by reason of mental illness will be noted on the criminal records, which are partly public.
A person who is the subject of a civil commitment is referred to as a respondent, not a defendant.
Re: Privacy of Commitment Records
There is more than one type of commitment. The answer depends on which. Privileged records remain so, unless privilege is waived, or by an order of the court.
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