Involuntary Commitment Procedures

Q: Who can be involuntarily committed?

A: Involuntary Commitment takes place when a person is ordered to be admitted to a hospital, psychiatric hospital, or treatment facility in order to prevent harm to that individual or others. The purpose of involuntary commitment is to help a person receive necessary and appropriate mental health and/or substance abuse treatment. In order to be hospitalized against an individual's wishes, the person must be mentally ill or under the influence of drugs or alcohol and dangerous to self or others. A person may act very strangely. displaying abnormal behavior but not be committable. An individual is considered dangerous to self if the person exhibits the following behaviors:

1. is unable to exercise self-control, judgment and discretion in conducting responsibilities of daily life without care/supervision; or

2. is unable to satisfy the need for nourishment, personal care, medical care, shelter, protection and safety and there is a "reasonable probability" of serious physical debilitation unless adequate treatment is given; or

3. has attempted or threatened suicide and there is "reasonable probability" of suicide unless treatment is given; or

4. has mutilated or attempted to mutilate self and there is "reasonable probability" that the person will seriously mutilate self again unless treatment is given.

(* Note: Previous episodes of dangerousness to self may be considered when determining reasonable probability of physical debilitation. suicide or self-mutilation.)

An individual is considered dangerous to others if the person has:

• within the relatively recent past inflicted, attempted to inflict or threatened to inflict severe bodily harm to another person; or

• acted in such a way as to create a "substantial risk" of serious bodily harm to another person or has engaged in extreme destruction of property and there is "reasonable probability" that the person will repeat this conduct.

Q: What is the process?

A: Involuntary Commitment is a legal action which requires these specific steps:

• Appear before Magistrate: Any person who believes an individual meets any of the criteria listed above and wishes to pursue an involuntary commitment must first appear before a Magistrate to petition for an evaluation for commitment. The person who petitions does not have to be a family member, but first hand knowledge is usually required by the Magistrate. A petition may be filed in the county in which the person is found or in the county of residence. A petition must be based on facts to show mental illness or substance abuse and dangerousness.

• Custody Order Issued: If the Magistrate finds reasonable grounds for commitment, he/she will issue a custody (pick up) order to have the individual placed in custody by a law enforcement officer and taken to a physician or psychologist for an examination.

• IN CASE OF AN EMERGENCY: When a delay would endanger life or property a law enforcement officer may restrain a person and then take that person to an approved 24-hour facility for examination.

• First Evaluation: As soon as the person is in custody, law enforcement will transport the client to the Area Program where a physician or eligible psychologist will perform an examination to determine the necessity for involuntary commitment. The physician or psychologist can recommend inpatient treatment, outpatient treatment or release. The results of the first examination are sent to the Clerk of Court in reciting.

• Second Evaluation: Within 24 hours of the person's arrival at a hospital or treatment facility a second examination to determine the necessity for involuntary commitment is completed. The examiner may again recommend inpatient treatment, outpatient treatment or release the person. These results are also sent to the Clerk of Court.

• Treatment: If a person is held for inpatient treatment. he or she has the opportunity to appear before a District Court Judge within 10 days. The Judge determines, based on the testimony and examinations. if continued involuntary commitment is appropriate. The hospital and court will notify the family and petitioner of the hearing and request their presence for input to help the judge decide whether to further hold the patient or release him or her. The Judge may commit the patient for inpatient treatment. outpatient treatment, a combination of inpatient and outpatient treatment. treatment at another facility or release the person back into the community.

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