The Involuntary Commitment of Those Suffering from Mental Illness

Robert Meyers

Among our most cherished freedoms is the right to personal liberty–a right that should be deprived for only one of a limited number of reasons, and then only after due process has been observed. One of these justifications is a mental illness so debilitating, the person is a danger to themselves, society or both, such that they require involuntary confinement. A weighty, complex and often emotionally fraught determination, such a decision can only properly meet the requirements of due process when it is informed by a valid and competent expert psychological and/or psychiatric diagnosis. This chapter explores the full range of issues related to the involuntary commitment, including the psychiatric and psychological criteria and considerations, as well as the psycholegal theories and laws that govern such confinement. 

Particular topics include: 

 Preventative involuntary outpatient commitment 

History of involuntary commitment 

Criminal commitment 

Requisites for involuntary commitment 

 Involuntary confinement of minors  

Assisted outpatient treatment programs 

Conditional Release

 Ethical considerations 

 Involuntary administration of medications 

 Defining “mental illness”

Standard of proof for involuntary indefinite confinement 

Defining “dangerousness,” “gross impairment” and “inability to care for self” 

Concerns with the DSM-V and the most reliable evaluation methods 

Procedural aspects of involuntary civil commitment 

With a thorough literature review and numerous illustrative cases, this Involuntary Commitment chapter is an invaluable resource for evaluators, experts, litigators and judges charged with the responsibility to determine when, why and how an individual should be involuntarily committed (or not).