Hello, punny-ga!
"Involuntary Commitment" refers to the commitment of a mentally ill
individual to a psychiatric facility by someone other than themselves.
Guidelines surrounding involuntary commitment throughout the US have
been established due to a history of wrongful and unncecessary
commitment of individuals to mental facilities.
Albama Statutes allow for involuntary commitment under the following
conditions:
From"Involuntary Commitment of the Mentally Ill."
http://www.mobilecounty.org/probatecourt/commitments.htm
WHAT IS AN INVOLUNTARY COMMITMENT?
An involuntary commitment is a procedure whereby a mentally ill person
is involuntarily placed in the custody of the Alabama Department of
Mental Health and Mental Retardation for treatment.
WHAT ELEMENTS MUST BE PRESENT IN ORDER TO COMMIT A PERSON?
The respondent is mentally ill; and
Because of the mental illness the person poses a real and present
threat of substantial harm to himself or to others; and
Respondent will continue to experience mental distress and
deterioration of ability to function independently if not treated; and
Respondent is unable to make a rational decision regarding treatment;
and
Evidence that a person has actually been dangerous in the recent past
and that such danger was manifested by an overt act, attempt or threat
to do substantial harm to himself or another; and
Treatment is available for the person's mental illness or confinement
is necessary to prevent the person from causing substantial harm to
himself or to others; and
Commitment is the least restrictive alternative available.
WHO MAY FILE A PETITION TO INITIATE AN INVOLUNTARY COMMITMENT
PROCEEDING?
Any person may seek to have another person committed by filing a
petition with the Probate Court in accordance with Alabama Code
§22-52-1.2 (1975).
(Refer to site for more complete information)
====
From "ANALYSIS OF ALABAMA ASSISTED TREATMENT LAWS."
http://www.psychlaws.org/LegalResources/StateLaws/Alabama%20Analysis.htm
(Please refer to site for more extensive information)
2. Conditions necessary for emergency treatment.
===============================================
By petition:
===========
§ 22-52-7(b)
"to prevent the respondent from doing substantial and immediate harm
to himself or to others or to prevent the respondent from leaving the
jurisdiction of the court. No respondent shall be placed in a jail or
other facility for persons accused of or convicted of committing
crimes"
By law enforcement officers with community health officer:
=========================================================
§ 22-52-91.
1) From conditions, symptoms, and behavior the person appears to be
mentally ill; and
2) Poses an immediate danger to self or others.
3. Is mental illness/disorder defined?
Yes, § 22-52-1.1. "A psychiatric disorder of thought and/or mood which
significantly impairs judgment, behavior, capacity to recognize
reality, or ability to cope with the ordinary demands of life. Mental
illness, as used herein, specifically excludes the primary diagnosis
of epilepsy, mental retardation, substance abuse, including
alcoholism, or a developmental disability."
4. Maximum duration of emergency treatment before a judicial hearing
must be held.
By petition:
§ 22-52-8(a). "When limitation imposed shall set a probable cause
hearing within seven days of the date of such imposition.
§ 22-52-8(b). "The final hearing shall be held within 30 days of the
date that the respondent was served with a copy of the petition
seeking to commit the respondent"
By law enforcement officer with community health officer:
§ 22-52-91(e) & (f). "probable cause hearing no later than fifth
business day next after detention in a facility, not to exceed seven
days after detention."
§ 22-52-91(g). "final hearing within reasonable time, but no sooner
than will permit adequate preparation of case by counsel, or later
than 30 days from initial detention."
======
"Involuntary Commitment." Probate Court. Montgomery County, Alabama.
http://www.mc-ala.org/probate/commit.htm
Involuntary Commitment:
"Involuntary commitment is a legal procedure by which a person is
placed in the custody of the State Department of Mental Health for
long-term treatment. This is done only if necessary, and after every
effort is made to provide treatment for the person on a voluntary
basis. In order to meet the criteria for involuntary commitment, there
must be clear and convincing evidence that the person is mentally ill
and poses a real and present threat of substantial harm to self or
others. Other required elements are that the person is unable to make
a rational decision regarding the need for treatment, and that without
such treatment, he or she will continue to suffer mental distress. The
evidence brought forth by the petitioner must include personal
knowledge of specific acts or behavior which signifies a real or
present danger."
"The petitioner is the individual who comes before the Probate Court
and asks that measures be taken regarding a mentally ill person, of at
least 19 years of age. This is done in the county where the respondent
is currently located. The petitioner is usually a family member, but
any person may file a petition seeking commitment of another, provided
that all the elements are met. Once the petition is filed and probable
cause is determined, the patient may be involuntarily confined in a
designated mental health facility. A hearing is then set, with notice
given to all parties concerned, including the respondent. At the
hearing, testimony is heard from all parties, and the Probate Judge
determines whether the criteria for commitment have been met.
Attorneys are appointed for both petitioner and respondent and all
hearings are open to the public, unless otherwise requested by
respondent."
"If the criteria for commitment are met, then the Court will order
inpatient treatment. Any treatment ordered must be the least
restrictive alternative available and will take place at a designated
mental health facility. The length of treatment is determined by the
treating physician, and may be up to 150 days before a subsequent
hearing on the merits will be necessary. If the criteria for
commitment is not met, then the petition will be dismissed. At no time
may the Court order treatment for substance abuse alone, however there
are occasions when a dual diagnosis of both substance dependence and
mental illness is involved. In these cases, treatment for substance
abuse must be voluntary, even if done simultaneously with psychiatric
treatment."
"The purpose of involuntary commitment is to provide psychiatric
treatment for mentally ill individuals who have become a danger to
themselves or others, and are refusing voluntary treatment. However,
the Court is ever mindful of the serious deprivation of liberty which
this process necessarily involves. The Due Process Clause of the
Fourteenth Amendment to the U. S. Constitution applies to all
citizens, whether mentally ill or not, and every effort is made to
ensure that rights are not compromised and unnecessary treatment is
never tolerated. The Probate Judge will always take the least
restrictive measures to get help for a person with mental illness."
===
Also see "Involuntary Commitments." Probate Judge's Office.
http://www.marshallco.org/www/probate/probate4.htm
Regarding Involuntary Committment in Criminal Cases:
===================================================
Please read RULE 25.2:PROCEDURE TO HAVE THE DEFENDANT INVOLUNTARILY
COMMITTED WHEN DEFENDANT FOUND NOT GUILTY BY REASON OF MENTAL DISEASE
OR DEFECT
http://www.alacourt.org/Publications/Rules/Criminal/rule25-2.htm
==
This subject touches close to home. Getting help for a mentally ill
individual who denies a problem and does not want to enter a facility
voluntarily can be agonizing for loved ones.
If I can provide further clarification, please don't hesitate to ask.
umiat-ga
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