civil commitment


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civil commitment

or

involuntary commitment,

process by which a court determines whether or not to order an individual to receive treatment or care or be confined. A person may be committed after a hearing if a court finds that an individual has a mental disorder and as a result is or is likely to become dangerous to himself or herself or others or is not capable of providing for his or her health and safety. The reasons for civil commitment and the persons who may initiate a civil commitment proceeding vary, but generally a person may be considered to have a mental disorder if he or she is mentally ill, is mentally disabled, has an addiction, or has a sexual psychopathic personality. A person may be committed to a public or private hospital, an outpatient facility, or other treatment facility. The goal of civil commitment is protect the individual and society and provide treatment, not punish, and a civil commitment is not a criminal conviction. Many U.S. states as well as the federal government have since 1990 enacted laws that allow for the civil commitment and mandatory treatment of sex offenders who have completed their prison terms. Such laws have been upheld by the U.S. Supreme Court, but they have been criticized for failing in practice to provide appropriate treatment that would not make such laws punitive. In 2015 Minnesota's civil commitment program for sex offenders was ruled unconstitutional by a federal judge in part because no person in the program had been fully discharged since its establishment.
References in periodicals archive ?
Since then, the United States Supreme Court has upheld civil commitment, so long as it is "pursuant to proper procedures and evidentiary standards.
Request for Proposal: Civil commitment panel retainer
It is one of five regional counsel offices created by the legislature in 2007 to provide legal representation to indigent persons in criminal cases in which the court grants the Public Defender's motion to withdraw and appoints the OCCRC, in dependency and civil cases, and certain statutorily authorized civil commitment proceedings.
But judges ruled that returning him to the US would breach his rights as he may be sentenced to civil commitment - where paedophiles are jailed indefinitely until experts say they are no longer a danger.
Those familiar with the original version may recall that controversial portions included a requirement for states to have legislation for outpatient civil commitment or lose funding, and allow caretakers to access information for mental health patients without patient consent.
He is the only person in Virginia to win a jury trial under Virginia's Civil Commitment of Sexually Violent Predators Act.
Given the Supreme Court's current position and prior holdings, this Note will center on conditions of confinement in sex offender treatment facilities as the basis for an as-applied constitutional challenge to these civil commitment regimes.
The agency was created by the Texas Legislature in 2011 to track sexually violent predators and provide them treatment through a civil commitment program in an effort to reduce the likelihood of repeated predatory behavior.
The state Department of Mental Health said when the recovery center became aware of the situation in January while working with the district attorney's office, all clinical staff were required to be retrained in interpretation of civil commitment orders.
Smith will present "Partnering with the Courts: An Exploration in Utilizing Civil Commitment and Guardianship to Increase Access to Treatment and Accountability for Recovery" on October 17 at 10:30 a.
Eighteen states consider substance abuse during pregnancy to be "child abuse," and three other states consider substance abuse during pregnancy to be grounds for civil commitment, according to an August 2014 analysis by the Guttmacher Institute.
extension of these protections to civil commitment proceedings despite