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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.
The act sets out criteria and procedures to protect the individual's rights, such as the right to legal representation and the right to be heard at hearings, and well-being of the individual during the process of involuntary admission and treatment.
The measure is intended to strengthen a 2016 law that allows district judges to order involuntary treatment for people with severe mental illness who have frequent brushes with law enforcement.
Senate Bill 43 expands the state's conservatorship law and rules for involuntary mental health holds — also known as 5150s — by expanding the legal definition of "gravely disabled."
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 Lanterman–Petris–Short (LPS) Act (Chapter 1667 of the 1967 California Statutes, codified as Cal. Welf & Inst. Code, sec. 5000 et seq.) regulates involuntary civil commitment to a mental health institution in the state of California. The act set the precedent for modern mental health commitment procedures in the United States.
The Florida Mental Health Act of 1971, [1] commonly known as the "Baker Act," allows for a) short-term, inpatient voluntary and involuntary examination, b) inpatient voluntary and involuntary admission of an individual for assessment and treatment of a mental illness, and c) involuntary outpatient treatment for mental illness.