ALTERNATIVES TO CIVIL COMMITMENT OF THE MENTALLY ILL PRACTICAL GUIDES AND CONSTITUTIONAL IMPERATIVES

• NCJ Number: 6797
• Journal: Michigan Law Review Volume: 70 Issue: 6 Dated: (MAY 1972) Pages: 1107-1200
• Author(s): D L CHAMBERS
• Date Published: 1972
• Length: 95 pages
• Corporate Author: Michigan Law Review Assoc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

CIVIL COMMITMENT INVOLVES SO SEVERE AN INFRINGEMENT OF FUNDAMENTAL LIBERTIES THAT STATES ARE URGED TO EXPLORE ALTERNATIVES IN THE COMMUNITY.

Abstract

COMMUNITY PLACEMENT IS RECOMMENDED EXCEPT IN THE CASE OF OVERWHELMING EVIDENCE OF AN IMMEDIATE NEED FOR HIGHLY SECURE, PROTECTIVE CUSTODY. COURTS SHOULD ADOPT THE PRINCIPLE OF THE LEAST RESTRICTIVE ALTERNATIVE WHICH WOULD REQUIRE THEM TO HOLD THAT, UNDER STATE CONSTITUTIONS AND THE CONSTITUTION OF THE U.S., COMMITTING COURTS AND AGENCIES MUST REFRAIN FROM ORDERING HOSPITALIZATION WHENEVER A LESS RESTRICTIVE ALTERNATIVE WILL SERVE AS WELL OR BETTER THE STATE'S PURPOSES. THREE STEPS MUST ACCOMPANY THE SEARCH FOR ALTERNATIVESADEQUATE PROFESSIONAL STAFF MUST BE AVAILABLE TO PERFORM INQUIRY INTO ALTERNATIVES, COURT MUST HAVE POWER TO COMPEL THE COOPERATION OF COMMUNITY FACILITIES THE STAFF LOCATES, AND THE SEARCH MUST OCCUR BEFORE RATHER THAN AFTER COMMITMENT.