Civil commitment proceedings are subject to due process protections under both state and federal law.
Historical Context of Civil Commitment
Prior to the late 1960s,individuals experiencing mental health issues were often incarcerated in jails alongside criminal offenders,as noted by the Substance Abuse and Mental Health Services Administration. At that time, the legal oversight for committing individuals to facilities was minimal. since then, there has been a significant shift towards prioritizing mental health treatment over incarceration in these facilities. A 2010 study indicated that over 500,000 individuals were committed to mental health treatment facilities in the 1950s, a number that decreased to 30,000 by the 1990s due to this change in focus.
The Supreme Court has played a role in defining the parameters of civil commitment. In a 1975 Florida case, the Court ruled that an individual could onyl be held against their will if they posed a danger to themselves or others. Afterward, in a 1979 case, the Court established that a “clear and convincing” standard of proof is required for involuntary civil commitment.
Demographic Impact of Civil Commitment
The American Psychiatric Association classified “homosexuality” as a mental disorder until 1973,which facilitated the commitment of LGBTQ+ individuals to institutions based on their sexual orientation. The Prison Policy Initiative, an organization researching mass incarceration, states that a “mental abnormality” is generally a prerequisite for admission to a facility. This group argues that such a broad definition could imply that all individuals subject to civil commitment are disabled, making it challenging to accurately ascertain the number of disabled individuals within studied populations.
Furthermore,a 2022 report by the American Psychiatric Association found that patients of color are more likely to be involuntarily hospitalized for psychiatric reasons than white patients. This disparity persisted even after accounting for other contributing factors, with Black patients and those identifying as multiracial remaining more vulnerable.
