Civil Commitment Usage

Civil commitment is used when a person with mental illness is indicating by his/her words, actions, or behaviors that he/she is likely to be a danger to self or others. A commitment may also take place when the court finds that an individual with mental illness is unable to provide for their basic human needs, food, clothing, and shelter. The civil commitment proceeding takes place before a district court judge; and the individual who is before the court on the petition for commitment has an attorney to represent them in the proceeding. The court must hold a separate phase of the hearing to make a determination on the need for neuroleptic medication. In the great majority of cases, the neuroleptic (Jarvis) portion of the hearing would be done during the same hearing as the commitment. An initial commitment is for a duration of six months, but the committed individual may receive a provisional discharge at some point prior to the termination of the commitment. Sometimes, the court will "stay" or "continue" the commitment as an option to a full commitment.

For more information, visit the Ombusdman's Office Civial Commitment Training Center.