civil commitment


Also found in: Medical.

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 ?
They describe the science behind addiction, including its effects on the brain, whether it is a disease, and gambling, sex, and other behavioral addictions; emotional aspects of the problem and the impact on families, as well as how families, friends, and others can help and cope; legal and practical issues that addicts face and how to keep them out of trouble, including workplace issues, drug courts, and civil commitment; treatment options, including detox, rehab, psychotherapy, drug treatments, Alcoholics Anonymous, and alternative support groups; and the recovery process, how to keep it going, and relapse.
We conclude that a circuit court is not required to inform an NGI defendant of the maximum possible term of civil commitment at the guilt phase: (1) because a defendant who prevails at the responsibility phase of the NGI proceeding has proven an affirmative defense in a civil proceeding, avoiding incarceration, and is not waiving any constitutional rights by so proceeding in that defense; and (2) because an NGI commitment is not punishment, but rather a collateral consequence to one who successfully mounts an NGI defense to criminal charges.
Where a judge conducted a civil commitment hearing at a psychiatric facility rather than at a courthouse as requested by the respondent, the respondent's right to due process was not violated.
insanity is indefinite civil commitment, (17) the insanity defense is
Building on his experience as court-appointed counsel in constitutional litigation challenging Minnesota's Sexually Dangerous Person Law, he has focused on the boundaries of the state's ability to use civil commitment to protect public safety.
Where an appellant who challenged his civil commitment as a sexually violent predator argued that he was entitled to but deprived of the effective assistance of counsel, sexually violent predators have a fundamental liberty interest at stake, and the court holds that they have a due process right to effective assistance, and the judgment is affirmed because the appellant failed to show that his counsel was ineffective, and sufficient evidence supported the SVP determination.
of modern civil commitment statutes in response to an international
Civil commitment allows states to confine people like Ponte who have not been convicted--or even accused--of a crime, if a judge decides they pose an imminent danger to themselves or others.
The story of Jacob Wetterling pulls at our heartstrings and demonstrates the importance of the civil commitment of sexual predators.
Under civil commitment, Hoch is supposed to be treated (and held) only until he is considered no longer a "risk to the public," according to mental health experts contracted by the state.
Miller's piece is the impact of psychiatric boarding on patient and family feelings/views regarding the civil commitment process.
And expanding civil commitment laws, critics argue, could also violate due process rights, overwhelm emergency rooms and confine people in prisonlike environments, where treatment sometimes amounts to little more than forced detox without medications to help mitigate withdrawal symptoms.