Involuntary Committal

Involuntary Committal to a Psychiatric Hospital

3-6-401. Emergency detention.

IF, a person has a mental illness or serious emotional disturbance,

 

 

AND, if the person poses an immediate substantial likelihood of serious harm under § 33-6-501 because of the mental illness or serious emotional disturbance,

 

THEN, the person may be detained under § 33-6-402 to obtain examination for certification of need for care and treatment.

33-6-402. Detention without warrant authorized. If an officer authorized to make arrests in the state, a licensed physician, a psychologist authorized under § 33-6-427(a), or a professional designated by the commissioner under § 33-6-427(b) has reason to believe that a person is subject to detention under § 33-6-401, then the officer, physician, psychologist, or designated professional may take the person into custody without a civil order or warrant for immediate examination under § 33-6-404 for certification of need for care and treatment.

33-6-413. Notice of admission to general sessions court — Notice of defendant’s rights and status. The chief officer, upon admission of the person, shall notify the judge of the general sessions court where the hospital or treatment resource is located, by telephone or in person, and shall provide the information from the certificates of need and such other information as the court may desire, that is in the possession of the hospital or treatment resource, bearing on the condition of the person. If the general sessions court finds that there is probable cause to believe that the defendant is subject to admission to a hospital or treatment resource under § 33-6-403, the court may order the defendant admitted for not more than five (5) days from the date of the order, excluding Saturdays, Sundays and holidays, for emergency diagnosis, evaluation and treatment pending a probable cause hearing under § 33-6-422. If the court does not order the defendant admitted, the defendant shall be released.

33-6-414. Detention for twenty-four (24) hours if judge not available. If the judge is not available and all other provisions of this part have been complied with, the admitting facility may hold the defendant for not more than twenty-four (24) hours pending a court order under § 33-6-413, and the staff may render only necessary emergency treatment.  
 

33-6-415. Treatment not to render defendant unable to participate in probable cause hearing. No treatment shall be given that will make the defendant unable to consult with counsel or to prepare a defense in proceedings for involuntary care and treatment. No psychosurgery, convulsive treatments, or insulin treatment shall be undertaken for any psychiatric disorder until an order has been entered, after the § 33-6-422 probable cause hearing in accordance with the provisions of this part

33-6-416. Order of admission — Notice to next of kin or representative. If the court orders the admission of the defendant for diagnosis, evaluation and treatment under § 33-6-413, the chief officer shall give notice of the order to the defendant and by mail or telephone to the parent, legal guardian, legal custodian, conservator, spouse, or adult next of kin of the defendant. The notice shall state specifically the basis for the defendant’s detention and the standards for possible future commitment. The notice shall also inform the defendant of the defendant’s right to counsel during the course of proceedings for involuntary care and treatment.

33-6-421. Filing of certificates of need. The chief officer shall file with the court, by the time of the probable cause hearing, certificates of need for care and treatment from two (2) licensed physicians or one (1) licensed physician and a psychologist qualified under § 33-6-427(a), certifying that the defendant satisfies the requirements of § 33-6-502(1)-(4), and that if involuntary treatment is not continued the defendant’s condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under § 33-6-403, and showing the factual foundation for the conclusions on each item of the certificates.

 

 

33-6-422. Finding of probable cause — Involuntary commitment for care for up to fifteen (15) days. If, after the hearing is waived or is completed and the court has completed its consideration of the evidence, including the certificates of the examining professionals, and any other information relevant to the mental condition of the defendant, the court finds probable cause to believe that the defendant is subject to care and treatment under § 33-6-502, and that if involuntary treatment is not continued the defendant’s condition resulting from mental illness or serious emotional disturbance is likely to deteriorate rapidly to the point that the defendant would be again admissible under § 33-6-403, the court may order the defendant held for care and treatment pending a hearing under chapter 6, part 5, of this title, for not more than fifteen (15) days after the probable cause hearing unless a complaint is filed under chapter 6, part 5, of this title, within the fifteen (15) days.

33-6-501. “Substantial likelihood of serious harm” defined.

 

 

IF, a person has threatened or attempted suicide or to inflict serious bodily harm on the person,

OR, if the person has threatened or attempted homicide or other violent behavior,

OR, if person has placed others in reasonable fear of violent behavior and serious physical harm to them,

OR, if the person is unable to avoid severe impairment or injury from specific risks,

AND, if there is a substantial likelihood that the harm will occur unless the person is placed under involuntary treatment,

THEN, the person poses a “substantial likelihood of serious harm” for purposes of this title.

 

 

33-6-502. Prerequisites to judicial commitment for involuntary care and treatment.

IF AND ONLY IF, a person has a mental illness or serious emotional disturbance,

AND, the person poses a substantial likelihood of serious harm because of the mental illness or serious emotional disturbance,

AND, if the person needs care, training, or treatment because of the mental illness or serious emotional disturbance,

AND, if all available less drastic alternatives to placement in a hospital or treatment resource are unsuitable to meet the needs of the person,

THEN, the person may be judicially committed to involuntary care and treatment in a hospital or treatment resource in proceedings conducted in conformity with chapter 3, part 6, of this title.


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