Non-voluntary commitment or civil commitment is a legal process in which an individual with severe mental illness symptoms is ordered to court into hospital treatment (in-patient care) or in the community street).
Criteria for civilian commitment are defined by law, which varies across countries.
Video Involuntary commitment internationally
The United Nations
The United Nations General Assembly (resolution 46/119 of 1991), "Principles for the Protection of Persons with Mental Illness and Improved Mental Health Care" is a non-binding resolution that advocates certain procedures that are broadly drawn to implement commitments that are not deliberate.. These principles have been used in many countries where local laws have been revised or applied. The UN runs programs in several countries to assist in this process.
Maps Involuntary commitment internationally
Australia
In Australia, trials are not required for non-voluntary commitments. Constitutional health laws are constitutionally under state control. Each country has different laws, many of which have been updated in recent years.
Referrals for services
The general requirement is that a police officer or doctor determines that a person needs a psychiatric examination, usually through a mental hospital. If the person is being held in a hospital, they should normally be checked by an authorized psychiatrist for a certain period of time. In some states, after a further specified period or at the request of a person or their representative, a court hearing is held to determine whether the person should continue to be detained. In countries where courts are not institutionalized, there is another form of appeal.
Some Australian states require that the person be a danger to the community or themselves; other countries simply require that the person suffering from mental illness requires treatment. The Victorian Mental Health Act (1986) states that:
- "(1) A person may be admitted and detained in a mental health service approved as an involuntary patient in accordance with the procedure prescribed in this Act only if--
- (a) the person appears to be mentally ill; and
- (b) a person's mental illness requires immediate care and that care can be obtained by admission and detention in approved mental health services; and
- (c) due to a person's mental illness, that person should be accepted and held for treatment as an unwilling patient for his health or safety (whether to prevent damage to a person's physical or mental condition or otherwise) or to protect members of the public; and
- (d) the person refuses or is unable to approve the care necessary for mental illness; and
- (e) the person is unable to receive adequate care for mental illness in a manner that is less restrictive to the person's freedom of judgment and action.
There are additional qualifications and restrictions but the effect of these provisions is that people who are assessed by a physician as in need of care can be unknowingly accepted without needing to show the risk of harm. It addresses the above-described stresses to exaggerate the issue of violence, or verbal statements, to gain recognition.
Treatment
Generally, once the person is under an unintentional commitment, treatment can be done without further requirements. Some treatments, such as electroconvulsive therapy (ECT), often require further procedures to comply with the law before they can be given unknowingly.
The public treatment order may be used in the first instance or after the period of admission to the hospital as a voluntary/non-voluntary patient. With a tendency towards deinstalizationalization, the situation is becoming increasingly frequent, and hospital admission is restricted to people with severe mental illness.
Finnish
Free commitment requires three criteria: 1) severe mental illness with disturbed insight; 2) that lack of care will worsen the condition or endanger the safety or security of the patient or other person; 3) and other treatments or services are inadequate or not applicable.
If found crazy, a criminal may not be sentenced. Instead, they should be referred to the THL (National Institute for Health and Welfare) for unintentional care. Niuvanniemi hospital specializes in the voluntary commitment of criminal patients.
German
In Germany, there is a growing tendency to use legislation on legal guardianship rather than mental health law for the justification of unintended commitment or care. The ward's official ward decided that he should go to a mental hospital for treatment, and the police then acted on this decision. It's simpler for governments and family members than the formal process for commitment under mental health legislation.
In German criminal law, a person convicted of a particular crime may also be punished for preventive detention; see article on preventive detection.
Italy
In Italy, physician Giorgio Antonucci, in his work at Gorizia hospital, Cividale del Friuli, and Imola since the late 1960s, has avoided hospital treatment forcibly and all kinds of coercion, rejecting the diagnosis as psychiatric prejudice. During the years 1973-1996 he worked on the dismantling of the psychiatric hospital Osservanza and Luigi Lolli in Imola. He is currently collaborating with the branch of the Italian Citizens Commission for Human Rights.
Dutch
In Dutch criminal law, a convicted person may be sentenced to psychiatric treatment in a special institution called 'TBS' clinic. TBS stands for ter beschikkingstelling , literally meaning "placed at disposal" (country). By law, such sentences are not regarded as punishments such as imprisonment, but as a special measure. Often, when a convicted person is sentenced to FFB, they first go to jail. The convicted person will then be placed in a clinic after serving time in prison (usually two-thirds of the original prison sentence, although this practice is still under discussion).
Under Dutch law, fulfilling three conditions is necessary for a convicted person to be punished by TBS. These conditions are:
- the crime committed must be directly related to a psychiatric disorder,
- recidivism should be possible, and
- The convicted person can not, or only partly, be held responsible for a crime.
To determine whether this condition was met, the suspect was observed at the forensic psychiatric detention center, Pieter Baan Center. Both prosecutors and defense lawyers can effectively challenge Pieter Baan Center's report, as this is the only institution that can carry out such an investigation. A fatal mistake has occurred, for example, when a child molester who is considered by Pieter Baan Center as "harmless" kills a child after the persecutor is released. Conclusion in the central report is not binding; the judge may decide to ignore, or accept only part of it.
Every prisoner held in a TBS clinic may obtain temporary leave after a certain time or after some progress in treatment. This is considered an important part of the treatment, as inmates will gradually reenter the society in this way. At first the convict will be escorted by a therapist, and will be allowed outside the clinic for only a few hours. After evaluation, time and freedom of movement will be expanded until the convict can move freely outside the clinic without escort (usually for one day at a time). At that time, the convicted person will find a job or attend an education. Generally, the convicted person is released after being in this situation for one or two years without incident.
The time to be served at TBS can be unlimited, and can be used as a form of preventive detention. Evaluation by the court will be conducted every one or two years. During this evaluation the court determines whether any progress has been made in the treatment of the convicted person, and whether it will be safe to release the convicted person into the community. In general, the court will follow the conclusions made by the TBS clinic.
The average time served at the TBS clinic by a convicted person is slightly more than eight years.
- Dutch TBS Clinic
Di Belanda ada 12 institusi sebagai clinik TBS:
- Inforsa/Arkin, Amsterdam
- Dr. Henri van der Hoevenstichting, Utrecht
- Dr. S. van Mesdag Clinic, Groningen
- Hoeve Boschoord, Boschoord
- FPC Veldzicht, Balkbrug
- Pompestichting, Nijmegen
- Oostvaarderskliniek, Almere
- De Kijvelanden/FPC Tweelanden, Poortugaal
- FPC Oldenkotte, Racks (Ditutup pada 4 September 2014)
- FPC De Rooyse Wissel, Venray
- GGz Drenthe, Assen
- GGz Eindhoven/De Woenselse Poort, Eindhoven
Combined these institutions currently hold about 1840 inmates.
At the end of the 20th century, it was concluded that some inmates were incurable and therefore could not be safely released into society. For these inmates, TBS clinics form a special ward, called "long-term wards". Transfer to such an environment means that the convicted will no longer be treated actively, but only withheld. This is considered more cost effective. In general, the convicts in this neighborhood will be imprisoned for the rest of their lives, even though their detention qualifies for regular review by the court.
Controversy
Since the second half of the 1990s, much controversy has grown in Dutch society, about the TBS system. This controversy has two main areas. First-degree controversy results from media that increasingly report cases of convicted criminals while still in, or after, treatment at a TBS clinic.
Some examples of these cases are:
- During 1992, a truck driver was convicted of raping and killing three small children. Eight years earlier he was released from the TBS clinic after being treated for child abuse.
- An inmate, who will be released from a TBS clinic, killed the owner of the garage in 1996 while under the influence of drugs.
- An ex-convict, treated at a TBS clinic, killed two women in 1994 and 1997.
- An inmate, still being treated by a TBS clinic, randomly killed a man in the town of Groningen in 1999.
- Between 2000 and 2004, an ex-convict tortured some animals and killed a homeless person. She has been admitted to the TBS clinic.
- In 2002, an ex-convict was sentenced for three murders. He has also been freed earlier by TBS.
- In 2005 a prisoner escaped from his bodyguard during the leave. He was arrested a few days later after killing a man.
Political and social concerns are increasing, and debates begin about the effectiveness of the FFB system and whether prisoners should be given leave from the TBS clinic. Particularly right-wing politicians suggest the TBS system is completely discarded. Many articles in newspapers, magazines, television and radio programs and books revealed by former inmates (who for the first time openly questioned the effectiveness of the TBS system) encouraged discussion. Prior to that, the problem had been largely rejected by the TBS-clinic officials themselves.
The center of attention became a very famous TBS clinic, Dr. S. Van Mesdagkliniek in the city of Groningen. Events that occurred there, in the late 1990s and first years of the 21st century, sparked a second reason for the controversy. Increased awareness of unprofessional behavior claims by staff working in TBS clinics, and Dr. S. Van Mesdagkliniek developed a bad reputation on this issue. The TBS clinic has been plagued with unprofessional and even criminal acts by its staff since 1999.
During the year, the clinic was investigated by Dutch police after rumors of female staff members who sexually abused the prisoners arose. Five such cases were found during the investigation, as well as many cases of drug abuse, smuggling and smuggling trade such as alcohol, mobile phones, pornographic materials, and harsh drugs. It became clear that staff members lacked the necessary education, had not been informed of rules and regulations, neglected legal procedures, gave false testimony, damaged evidence, expressed false allegations against inmates, and intimidated co-workers. At least one psychiatrist, who was hired as such by a clinic, proved to be ineligible, and prisoner treatment in most cases simply did not exist.
These issues have long been known to management but are hidden. After public protests about this situation, management was replaced and ninth (at the time) TBS clinics in the Netherlands were subjected to investigation. Six of them are proven below the required legal standards. However, the problem does not stop there. Despite many actions taken by the government, inmates are still released without proper care. As a result, many crimes committed by inmates are considered treated by TBS clinics. Also, sexual offenses against inmates by staff members and smuggling smugglers do not stop at some TBS clinics. In 2006, the Dutch government established a committee to investigate the FFB system. Some problems, but not the worst, are acknowledged and countermeasures are carried out. One of the actual results known is that fewer inmates escaped during temporary relief.
The controversy over the often-touted Dutch FFB system continues. In 2005, a staff member working at Dr. S. Van Mesdagkliniek was caught smuggling liquor to prisoners who suffer from alcohol related problems. In 2007, a female staff member committed sexual offenses against a convicted person, and smuggled in contraband. He was sentenced to three months in prison in 2009. That same year, the investigation proved that prisoners still had widespread access to illegal drugs and four prisoners from Dr. S. Van Mesdagkliniek was arrested for having child pornography. Many of the crimes committed by released prisoners treated at TBS clinics, escaped from statistics because the crime was committed in another country, or because they differ from the crime in which the convict was initially sentenced (many prisoners who were released from TBS clinics found their way in drug trafficking illegal and crime-related). As there seems to be no acceptable alternative, political support for the problematic TBS system persists, despite controversy.
New Zealand
The Mental Health Act (Representative Assessment and Maintenance) 1992, replacing the previous Law, came into force in 1969. Although there are several reasons to replace the previous act, one major aspect is the lack of review, because after the Acceptance Order was made by District Court Judges and two doctors, that the proposed patient was taken to the hospital: "Subject to the provisions of this Act, any admission order, whether made before or after the start of this Act, shall continue in force until the patient is released." (MHA 1969 s28 2)) Regardless of the deinstitutionalization that began in New Zealand during the 1960s, as in many other Western countries, many patients have been in psychiatric hospitals for years, as the original acceptance order remains in effect. Another reason for reviewing the former's actions was that the patient appeared in the District Court (formerly Magistrates Court until 1980) - who heard all the most serious criminal cases. The law emphasizes that Mental Health Hearings can be heard in Family Courts instead, to eliminate the implication that patients are being held in hospital for criminal acts. However, this ensures that Mental Health Hearings can be made in the District Court, if no other alternatives are appropriate. Often Family Court will sit in the Mental Inpatient Unit.
There are several checks and balances built into today's committed procedure. As in England, this process is commonly known as "sectioning".
Section 8A states that any person, aged 18 or over, who has seen the patient proposed within the last 72 hours, may apply to the Director of the Mental Health Area Service (DAMHS), in order for the person to be seen by a psychiatrist, against his will.. The person must be a danger to themselves or others, or can not take care of themselves. Section 8B requires that the person be seen by a physician, preferably their own General Practitioner, to provide their opinion as to whether the applicant is correct in their statement of the proposed patient's behavior. If the physician is satisfied, this document is signed, and the process continues to Section 9 where the Authorized Official (TWO) - operates as a DAMHS agent, has the power to hold the person for six hours, during which time they have the power to transport patients proposed to a psychiatrist. This is usually in the hospital, but the patient can be seen at the police station, depending on the circumstances. If the proposed patient refuses to accompany them, the Police will assist under the Memorandum of Understanding between the Ministry of Health and the New Zealand Police Department.
Under S10 they are officially interviewed by a psychiatrist, and if they are to be treated, a s11 is issued which holds the patient for assessment and treatment at the inpatient mental health unit, up to five days. After this, the s12 review is held, and if necessary the patient can be detained under S13 for fourteen days. At the end of this time, the psychiatrist should apply for the Hearing Court, whether the patient can be forcibly treated for much longer. Section 14 (4) provides up to fourteen days for the hearing to take place. The detention section (11, 13, & 14 (4)) can be done in an outpatient setting, but in practice, most patients are required to be detained in the hospital.
Two maintenance orders must be available. Section 29 is a Public Treatment Order, and the Act states that this should be applied.
Patients can only be called to the hospital twice for two fourteen-day periods in the last six months.
If community orders are inappropriate (for example, due to risks posed by the patient to himself or others), S30 Inpatient Treatment can be applied to, where the patient is either in the hospital, or on leave from the hospital.
In both cases, two health professionals must apply to the Family Court - a psychiatrist, supported by a second health professional, usually a registered nurse, sometimes a social worker.
Persons who have committed temporary unhealthy crimes are mentally subordinate to the Criminal Procedure (Mental Distracted) Act 2003, even though the Mental Health Act also refers to their care. If detained, it is a matter for the Court whether they will go to jail and have mental health problems treated in jail, or whether they are "crazy" in the legal sense, in which case they are held in a Mental Health Forensics Unit. It is located in Auckland, Hamilton, Wellington, Christchurch, and Dunedin. The story described also provides patient transfer between prisons and the Forensic Mental Health Unit, and the reasons for doing this.
New Zealand have found that closing a large psychiatric hospital in their country and replacing it with a small inpatient unit, and a model of community care, does not necessarily mean better care. While many liberated people are able to adapt, and become part of their community, some patients can not adapt. The current system is not set up for people in need of tightly supervised short-term mental health care.
Singapore
The Mental Health Act (Nursing and Care) was passed in 2008 to regulate an accidental detention of a person in a psychiatric institution for the treatment of a mental disorder, or for the health and safety of the person or persons around him..
United Kingdom
In the United Kingdom, a process known in the United States as an involuntary voluntary commitment is known as "holding" or "dividing", using various sections of the Mental Health Act 1983 (covering England and Wales), Mental Health (Northern Ireland) Order 1986 and Mental Health (Nursing and Care) (Scotland) Act 2003 which provides the legal basis.
In England and Wales, recognized mental health professionals have a major role in coordinating the assessment of the Mental Health Act, which they do in collaboration with usually two medical practitioners. Under the Mental Health Act, detention is determined by utility and purpose. Individuals with mental illness may be detained under Part 2 for an assessment period lasting up to 28 days or Section 3 for a treatment period lasting up to 6 months (although this period may be updated). Patients who are already in the ward may be detained under sections 5 (2) to 72 hours for the purpose of enabling assessments to be made for Sections 2 or 3. Separate sections deal with mentally ill criminal offenders. In all cases, detention should be justified on the grounds that the person has a mental disorder and pose a hazard to his or her own health, safety or safety (as determined by 'Approved' Mental Health (s)). Article 3 detention may be applied by the person's nearest relative or, if the immediate relative agrees, by an approved mental health professional (AMHP). More specifically, under Article 11 of the Mental Health Act, AMHP may make an application that a person be held for treatment under section 3 only if the AMHP has consulted a person who appears to be the closest relative of the patient (unless it is not practical enough or will cause a delay that is not reasoned) and if the closest relative has not informed the AMHP or LSSA that they object.
Under the amended Mental Health Act, which took effect in November 2008 for detention under Section 3 for treatment, appropriate care should be available in the place of detention. A supervised community. Treatment orders indicate that people may be discharged to the community on a conditional basis, who are left liable to withdraw to the hospital if they violate the terms of the community care setting.
United States
State law governs unintentional commitments, and procedures vary from state to state. In some jurisdictions, the law on adolescent commitment may vary, with what is the de facto voluntary commitment of a teenager who may be de jure defined as "voluntary" if his or her parents agree , although he may still have the right to protest and try to be released. However, there is a case law entity that regulates individual civilian commitments under the Fourteenth Amendment through a Supreme Court ruling that began in 1975 with the verdict that confidential hospital and/or care treatments violate individual civil rights in O ' Connor v. Donaldson . This ruling forced states to change their laws. For example, an individual must exhibit behaviors that pose a danger to himself or others to hold, suspension should only be for evaluation, and court orders should be accepted for short-term care or shorter hospital stay (usually no longer than 72 hours). This ruling has very limited hospital care and care in the United States. In the US, the specificity of relevant laws varies from state to state.
In 1979, Addington v. Texas set limits for voluntary commitment to treatment by increasing the burden of proof necessary to involve people from the usual civil burden as proof of "more evidence" to a higher standard. "clear and convincing evidence".
An example of an involuntary commitment procedure is the Baker Act used in Florida. Under this law, a person may be committed only if they present a danger to themselves or others. A licensed police officer, physician, nurse or licensed mental health professional may initiate a forced check up to 72 hours. In this time, two psychiatrists may ask the judge to extend the commitment and order an unintentional treatment. The Baker Act also requires that all commitment orders be reviewed every six months in addition to ensuring certain rights to commit including the right to contact outside parties. Also, a person under the command of unintentional commitment has the right to get advice and the right to ask the state to provide public defense if they can not afford to pay a lawyer. While Florida law allows police to initiate an examination, it is a recommendation from two psychiatrists who guide court decisions.
In the 1990s, the law of voluntary commitment was extended under various state laws that were generally recognized under the umbrella of the SVP law, law to detain several convicted offenders in psychiatric facilities after their term of detention was completed. (This is commonly referred to as "civil commitment," not "involuntary commitment," because non-voluntary commitments can be criminal or civil). This issue has been the subject of a number of cases before the Supreme Court, especially Kansas v. Hendricks and United States v. Comstock in respect of Child Protection Adam Walsh and the Security Act, which does not require belief in sexual offenses, but only that the person is in federal custody and is considered a "sexually dangerous person".
Country-specific requirements
In Arizona, the government may mandate inpatient treatment for anyone set for "persistent or acute disabilities." Almost anyone suspecting that someone has a mental problem and needing help can apply to a state licensed health care agency for court-ordered evaluations.
In Connecticut, a person can commit only if he has "psychiatric defects and is dangerous to himself or others or to severe disabilities". "A person with severe disability" is usually interpreted to mean that the person can not be alone to get adequate food, shelter and clothing.
In Iowa, any "interested person" can begin the commitment process by submitting a written statement to the court. If the court finds that the respondent is "seriously mentally disabled," he will be placed in a mental hospital for further evaluation and possible care. Further hearings are required at certain intervals as long as the person is inadvertently detained.
The Mental Health Code of Michigan states that a person "whose judgment is so disturbed that he or she can not understand his need for care and whose continuation of behavior as a result of this mental illness can be expected, on the basis of competent, clinical opinion, to result in significant physical damage to himself or others "may be subject to voluntary commitments, provisions that are parallel in the law in many other jurisdictions. This type of provision has been criticized as a kind of "my head wins, your tail loses". Understanding a person's "need for care" will lead to someone agreeing to a voluntary commitment, but Bazelon Center has said that this "lack of insight" is often nothing more than a dispute with the handling professional and this disagreement may be part of the evidence. to support one's unconscious commitment.
In Nevada, before limiting a person, the state must show that the person is "mentally ill and, because of the illness, is likely to harm himself or others if allowed to be free."
In Oregon, the standard that an alleged "psychiatrist" of Peter [h] as has been done and hospitalized twice in the past three years, exhibits symptoms or behaviors similar to those preceded and led to earlier hospitalization and, unless treated, will continue, to a reasonable medical probability, deteriorate into harm to oneself or others or unable to provide basic necessities "can replace hazards for oneself or others' standards.
In Texas, the standard is that, in the judgment of people seeking unintentional commitment, 1) the person is mentally ill, and 2) because the mental illness is "there is a substantial risk of serious harm to that person or other person unless the person is under control."
The Utah Standard is that the proposed patient has a mental illness that poses a great danger. "Substantial danger" means the person, according to his conduct, for mental illness: (a) at serious risk for: (i) committing suicide, (ii) causing serious physical injury to himself; or (iii) because of his act or inaction, suffers serious bodily injury because he is unable to provide basic life necessities, such as food, clothing, and shelter; (b) risk seriously causing or attempting to cause serious bodily injury; or (c) has caused or attempted to inflict serious bodily injury on another person.
In Wisconsin, Wisconsin High Court District II ruled in 2011 that patients with Alzheimer's disease were incurable under Chapter 51 and could only inadvertently commit to home care and arrest under Chapter 55. The court remains open whether this applies also to people with multiple diagnoses.
Controversy over freedom
The impact of voluntary commitments on the right of self-determination has been a cause of concern. Criticisms of voluntary commitments have advocated that "the protection of legal proceedings... granted to criminal defendants" extends to them. The Libertarian Party opposes the practice on its platform. Thomas Szasz and the anti-psychiatric movement have also been prominent in challenging unconscious commitments. The American Association for the Elimination of Free Mental Incondition (AAAIMH) is an organization founded in 1970 by Thomas Szasz, George Alexander, and Erving Goffman for the purpose of eliminating unintentional psychiatric interventions, particularly unconscious commitments, to individuals. The establishment of AAAIMH was announced by Szasz in 1971 in the American Journal of Public Health and the American Journal of Psychiatry. The association provides legal assistance to psychiatric patients and publishes the journal, The Abolitionist . The organization was dissolved in 1980.
A small number of people in the US have opposed involuntary commitments in cases where the diagnosis establishes a justification for voluntary commitment lies, or the individual says it rests, on the speech or writings of a committed person, saying that to deprive a person of freedom based on whole or part of such speeches and writings violate the First Amendment. Others have opposed involuntary commitments on the basis that they claim (although amendments are generally held to apply only to criminal cases) it violates the Fifth Amendment in some way, in particular its privileges to oneself, as psychiatricly probed individuals may not be free to remain silent, and such silence can actually be used as a "proof" of his "mental illness".
Although the consciously committed patients theoretically have the legal right to refuse treatment, refusal to take medication or participate in other treatments are recorded by hospital staff. The court review is usually highly weighted against hospital staff, with patient input during the minimum trial. In Kansas v. Hendricks , the US Supreme Court found that civil commitment is constitutional regardless of whether treatment is provided.
Alternative
Accompanying deinstalizationalization is the development of law extending the power of the courts to order people to take psychiatric medication on an outpatient basis. Although the practice sometimes happens before, outpatient commitments are used for many people who are otherwise unconscious. Court orders often mention that someone who violates a court order and refuses to take the drug will be subject to involuntary commitments.
Unconscious commitment is distinguished from conservators and guardians. The purpose of conservatorship or guardianship is to protect those who are not able to mentally handle their affairs from the impact of their bad decisions, especially those relating to financial transactions. For example, a conservator may be used to control a person's finances with dementia, so that the person's assets and income are used to meet their basic needs, for example, by paying rent and utility bills.
Further psychic direction may have an unconscious commitment.
Individual state policies and procedures
US Military
Service members can be held under the so-called Boxer law (DoD Directive 6490.04).
California
District of Columbia
In the District of Columbia, any police officer, physician, or mental health professional may request that an individual be evaluated at St. Hospital. Elizabeths, where they can be detained for up to 48 hours to the doctor in charge. Family members or caring citizens may also petition to the Mental Health Department, but the claim will be evaluated before the police act on it. To be held further requires that the request be submitted to the Ministry of Mental Health. However, this can only make the unconscious patient treated for up to seven days. For further commitment, the patient is evaluated by a mental health court, part of a family court, where a public defender helps the patient. This can cause the patient to be detained for up to a year at which the patient returns to a mental health court.
This is different for someone who was first treated at St. Hospital. Elizabeth because of criminal charges. If found never to be competent for trials, they will be evaluated through Jackson's trial for possible ongoing commitments to protect the public. If they have been found not guilty by reason of insanity, their dangers are evaluated on Bolton's Hearing.
Florida
Maryland
In Maryland, anyone can request, through an Emergency Evaluation form, that other people are evaluated against their wish by an emergency room physician for forced acceptance. If the judge agrees, he will direct the police to escort the individual to the hospital. A licensed physician, psychologist, social worker, or nurse practitioner who has examined a patient or police officer may bring potential patients to the emergency room for forced evaluation without the consent of a judge. Patients can be kept in hospital for up to thirty hours. If at that time two doctors, or one doctor and one psychologist then decide that the patient meets Maryland criteria for unintentional psychiatric acceptance, he can be hospitalized unknowingly for up to ten days. During this time, administrative judges determine whether the following criteria for longer civilian commitments are met:
- someone has a mental illness;
- someone needs care or hospitalization;
- a person presents a danger to himself or others;
- a person can not or will not be accepted voluntarily;
- no form of care or treatment is available and less restrictive to meet the person's needs.
Texas
In Texas a person may be subject to involuntary commitments by:
- The peacekeeper, without a warrant, if A) the officer believes that 1) the person is mentally ill, 2) because of mental illness "there is a substantial risk that seriously jeopardizes the person or to others unless the person is immediately detained" , and B) officers also believe that there is not enough time to obtain a warrant.
- A guardian of a person in a ward under the age of 18, if the trustee believes that 1) the mental ward, 2) because the mental illness is "there is a substantial risk of serious harm to the ward or to others unless the ward is immediately detained."
- Adults may apply for emergency detention of others; the application must meet the seven items outlined indicating that, in the applicant's belief, that the detained person is mentally ill and poses a threat to that person or other person, why the person considers this as the case, and the applicant's relationship to that person.
A person can not be detained for more than 48 hours, and must be released at 4 pm on a 48 hour day ending, except:
- written order for the protection of detainees is obtained,
- The 48 hour period ends on a Saturday, Sunday, or official holiday, or before 4 pm on the first successful business day (in which case the person can only be held until 4pm on the first successful business day) or
- if there is a very dangerous or catastrophic weather event occurring (in which case, the period may be extended within 24 hours increments with written orders that specifically state weather or disaster events).
Upon release, unless the person is arrested or objects, the person (at the expense of the area in which he was arrested) must be transported to the 1) the place where he or she was arrested, 2) the person's residence in the country, or 3) other corresponding.
Virginia
In 2008, Virginia was one of only five countries that needed immediate danger to unconsciously do someone. But after the Virginia Tech Massacre, there was a significant political consensus to strengthen the protection of the people and allow more leeway in determining that one should commit to their will.
- the person has a mental illness and there is a high probability that, as a result of mental illness, that person will, in the immediate future, (1) cause serious physical injury to himself or others as evidenced by recent behavior which causes, attempts, or threats harm and other relevant information, if any
- the person has a mental illness and there is a high probability that, as a result of mental illness, that person will, in the near future, (2) suffer serious harm because of a lack of capacity to protect himself from harm. or to meet basic human needs
The "immediate danger" was found to have too much variability across Virginia due to obscurity. The new standard is more specific in the most likely it is more obvious. However, to not limit the freedom of too many potential prisoners, it is characterized by a close time limit. "Recent actions" are legally set up to require more than just the reading of past events.
References
Source of the article : Wikipedia
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