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Donaldson that involuntary hospitalization and/or treatment violates an individual's civil rights. The individual must be exhibiting behavior that is a danger to themselves or others and a court order must be received for more than a short (e.g. 72-hour) detention. The treatment must take place in the least restrictive setting possible.
This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment.
Involuntary commitment or civil commitment is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. Criteria for civil commitment are established by laws, which vary between nations.
Common law is based on long-standing English legal principles, as interpreted through case law. Mental health-related legal concepts include mens rea, insanity defences; legal definitions of "sane," "insane," and "incompetent;" informed consent; and automatism, amongst many others. Statutory law usually takes the form of a mental health statute.
In Illinois, involuntary outpatient treatment is sometimes used as an alternative to inpatient hospitalization. A judge can order involuntary outpatient treatment if they deem it sufficient and ...
The proposed change would broaden the definition of "harm to self" and "harm to others" to cover more people eligible for involuntary treatment. Under the new definition, "harm to self" would ...
The legislature finds that a small but extremely dangerous group of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for the existing involuntary treatment act . . . which is intended to be a short-term civil commitment system that is primarily designed to provide short-term treatment to ...
5150 is the number of the section of California's Welfare and Institutions Code which allows a person with a mental challenge to be involuntarily detained for a 72-hour psychiatric hospitalization.