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 ?
While there are established legal standards for the evaluation of free exercise claims in a variety of contexts, free exercise claims in the context of sex offender civil commitment appear to fall into a significant analytical gap, where the proper legal standard and the proper means of its application remain unclear.
Under the Adam Walsh Child Protection & Safety Act, Appellant William Carl Welshs civil commitment which was based on his confinement for a prior offense was not voided by vacatur of his sentence for that prior offense, the court of appeals held.
This guide describes issues in psychological evaluations made for the courts, including insanity and competence determinations; sentencing and civil commitment proceedings; probate and guardianship hearings; personal injury and workersAE compensation claims; juvenile delinquency and status offense adjudications; custody and child abuse/neglect disputes; federal discrimination, Social Security, and immigration claims; and educational A mainstreamingA issues.
Background: The Minnesota Sex Offender Program (MSOP) was created in 1994 pursuant to the Minnesota Civil Commitment and Treatment Act: Sexually Dangerous Persons and Sexual Psychopathic Personalities (MCTA).
how patients, doctors, and courts view civil commitment
representation of county adjuster~s office civil commitment hearings and involuntary outpatient commitment hearings 8.
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 OCCCRC2, in dependency and civil cases, and certain statutorily authorized civil commitment proceedings.
After his arrest, Westminster Magistrates' Court ordered his discharge after concluding there was "a real risk" that in New York he would be made the subject of a civil commitment order.
Almost every American state allows civil commitment upon a finding that a person, as a result of mental illness, is gravely disabled and unable to meet their basic needs for food and shelter.
The National Council for Behavioral Health is planning to open up a number of "uncomfortable conversations" this year, including issues of race and civil commitment.
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.