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Involuntary commitment is a legal action that takes place when a person is ordered to be admitted to a psychiatric hospital or other treatment facility. In order for a person to be hospitalized against their will, the individual must be mentally ill, or under the influence of drugs or alcohol to the extent of being harmful to themselves or others. An individual is considered harmful to self if they are unable to exercise self-control or judgment in conducting daily responsibilities, are unable to care for themselves with the probability of serious physical debilitation, has threatened or attempted suicide, or has mutilated or attempted to mutilate themselves. To be considered as dangerous to others, an individual must have threatened, attempted, or inflicted severe bodily harm to another person, or has caused extreme damage to property. There are specific steps that are required in the involuntary commitment process. First, any person who believes an individual meets the criteria for involuntary commitment must appear before a Magistrate and petition for an evaluation for commitment. The petition must be based on facts to show mental illness or substance abuse and that the person is dangerous. Next, the Magistrate will issue a custody order to have the individual picked up by a police officer and taken to a physician or psychologist for examination. If a delay endangers life or property, a police officer may restrain a person and take them to a 24-hour facility for examination. As soon as the individual arrives for examination, a first evaluation is performed to determine the need for involuntary commitment. The results are sent to the Clerk of Court. Within 24 hours of arrival to the treatment facility, the person undergoes a second evaluation. The examiner may recommend inpatient or outpatient treatment, or release. The Clerk of Court also receives these results. The final step is treatment. If the individual is placed in inpatient treatment, he/she may appear before a District Court Judge within 1O days. The Judge will then determine if it is appropriate to continue involuntary commitment. The National Alliance for the Mentally Ill (NAMI) approved a policy on involuntary commitment and court ordered treatment. This policy was adopted to help protect persons from unnecessary involuntary commitment, ensure that the process is carried out in a timely manner, help states adopt new standards and interpretations of the law, and involve mental health professionals in court proceedings. NAMI believes that this policy will effectively balance a persons civil rights with the obligation of society to provide kind and compassionate care.

 

 

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