Long-Term Involuntary Commitment Laws

Long-term involuntary commitment laws permit psychiatric facilities to accept a patient for an extended amount of time, without the patient’s consent, if they are displaying dangerous symptoms of a mental illness. Generally, long-term involuntary commitment proceedings may be initiated when an individual poses a danger to himself or others as a result of mental illness, is gravely disabled, or is unable to meet their basic needs.

All 50 states and the District of Columbia have laws regulating long-term involuntary commitment. State laws vary on the duration of commitment, the rights that must be provided to a committed patient, and the subsequent limitations, if any, on a patient’s right to possess a firearm under state gun laws. 

John P. Petrila, JD, LLM and Jeffrey W. Swanson, PhD, MA contributed to this dataset as subject matter experts.

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1. Is there a state law regulating involuntary commitment?
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2. Can an individual be involuntarily committed solely on the basis of mental illness?
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3. What are the criteria for involuntary commitment of an individual?
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4. Who can initiate involuntary commitment?
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5. Does an individual need to be in emergency commitment before a petition for involuntary commitment can be filed?
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6. Who may conduct the prehearing court-ordered evaluation(s)?
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7. Does the law explicitly permit the individual to seek an additional independent medical opinion?
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7.1. Will the state pay for an independent medical opinion?
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8. What rights does an individual have at the commitment hearing?
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9. Does state law comply with the Olmstead Decision by specifying less restrictive treatment?
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10. What is the initial period of court-ordered commitment?
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10.1. Is a new court-order required to extend commitment?
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10.1.1. What is the maximum period of extended commitment?
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11. What rights must be provided to a committed patient?
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12. Does involuntary commitment limit an individual's right to possess a firearm?
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