Megan Testa Dr. WestMD. Involuntary hospitalization. Shift to Dangerousness Criteria as the Standard for Civil Commitment Along with the civil rights movement and deinstitutionalization came a shift in the legal standard for civil commitment away from a need-for-treatment model to a dangerousness model.
Third, there must be evidence indicating that the individual is likely to decompensate into a state that would prove dangerous to him or herself or others if treatment nonadherence were to occur. The staffing shortfalls continued through at least early
Laguerre also talked about his crime and belief that it was a hyper-sexualized hallucinatory side effect of the drugs, despite a doctor for the prosecution disputing it at the trial. This includes those who have completed a sentence for a sex crime in another state, but are incarcerated in Florida for a non-sexual offense.
Judges have also drawn criticism for erring on the side of confinement, according to legal experts, such as Michael Perlin, a prominent New York law professor and former director of the state Mental Health Advocacy program in New Jersey.
Monitor Daily Current Issue. Already a subscriber? Retrieved October 20, The Court ruled that states must require that a sex offender exhibit both a mental abnormality and a likelihood to re-offend in order to be committed. And if the state has their way about it, they won't.
Sara G. As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content. Under Florida law, upon completion of a jail or prison sentence for any crime, a person who previously committed a sexual offense may be considered for civil commitment under the Jimmy Ryce Act.
Today, we still face the challenge of striking a balance between assuring that patients have access to psychiatric care, through involuntary hospitalization if necessary, without allowing the practice of psychiatry to be used as a force for social control.
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Editor's Picks. Officials can take steps to keep an offender detained indefinitely, a step that was never taken for Smith. Individuals with substance use disorders have illnesses that pose a high mortality risk to them. The issue of whether post-release civil commitment of sex offenders who have completed prison sentences violated the protection from double jeopardy guaranteed by the Constitution was considered by the Supreme Court in the case Kansas v.
In Duval County, there are some options for people re-entering the county after serving at least six months on a felony conviction, said Katherine Burns, executive director of the Jacksonville Re-Entry Center. Packard initiated the hospitalization of his wife to punish her for having an unclean spirit, 10 a decision that he based on her exploration of spiritual traditions outside the Presbyterian faith.