civil commitment

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civil commitment

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.
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Without such a finding, Zachary wrote, an involuntary commitment order could not be upheld.
The proposals are also grounded in several false assumptions of fact: that forced treatment is more beneficial than harmful (evidence indicates otherwise); that increasing involuntary commitments will decrease the number of mentally ill prisoners (there is absolutely no evidence for this); and that individuals receive quality treatment in state receiving facilities (most provide bare-bones, subpar treatment).
The NICS Improvement Act of 2007 provides that individuals can pursue appeals of firearm denials under federal law based on prior involuntary commitment through state action, rather than through a long-defunded federal administrative process, if the state meets certain statutory conditions, which Michigan has not.
Holding: The Supreme Court of Pennsylvania reversed the finding of the superior court and held that a court is required to give deference to a physician's involuntary commitment decision and that it must only be supported by a preponderance of the evidence available to the physician at the time the decision was made.
Amongst the psychical disorders, involuntary commitment is more frequent in patients suffering from schizophrenia or other psychical disorders, while the aggressive potential is higher in patients with paranoid schizophrenia.
(109) The Maryland Court of Special Appeals--although not a federal court--distinguished its facts from those in Midgett, finding that a "commitment" had not occurred because the procedures were not sufficiently formal to warrant an involuntary commitment. (110) The case was remanded to the Circuit Court of Montgomery County for further proceedings.
Instead, HB-1355 attempts to use what might be called a 1960s standard for involuntary commitment, but applied to gun ownership.
(65) The subsections that follow apply the Mathews balancing test to criminal proceedings, juvenile delinquency proceedings, probation and parole revocation proceedings, involuntary commitment proceedings, parental termination hearings, and property actions.