Involuntary Commitment of the Mentally Ill

Introduction

Involuntary commitment of the mentally ill people is a form of civil commitment in which a court orders an individual to receive treatment and related services in a community setting. Nearly all states in the United States permit commitment, though the manner in which it occurs varies among the states. It is also used in other countries. Whether involuntary commitment of the mentally ill people should be used has been a source of much debate since the 1970s. While it continues to be controversial, the courts that have considered it have upheld its legality. Research to date suggests that it may be effective in some circumstances for some patients when combined with long-term treatment, though the reasons for its effectiveness are not known at this time.

Debate

If the person fails to comply with the treatment order, state law typically permits one of two responses. The person may be brought back to court, and the court may impose new conditions, emphasize the importance of complying with the existing conditions, or hold the person in contempt of court—something that rarely, if ever, happens (Swartz, 43). Second, the person may be ordered to an inpatient setting for assessment to determine whether the person now meets the criteria for inpatient commitment. If so, the person may be hospitalized under the state's involuntary commitment provisions.

One of the primary reasons for the enactment of out-patient civil commitment provisions is the argument that individuals with mental illnesses who quit taking prescribed medication are the group of people most at risk for deterioration and ultimately behavior that endangers them or others. Outpatient commitment laws typically permit a judge to order the person to take medication as part of the commitment order. However, before a person may be forced to take medication, state laws usually ...