Article Figures & Data
Figures
- Figure 1.
Existence and utilization of civil commitment statutes for substance abuse in the United States July 2010 through October 2012.
Tables
- Table 1
Substantive Criteria and Evidentiary Standards in Civil Commitment Statutes for Substance Abuse
Criterion Statute Exists, Used Regularly (n = 14) Statute Exists, Extent of Use Unknown (n = 6) Statute Exists, Used Rarely or Never (n = 13) All States With Statute (n = 33) Dangerous to others 14 6 13 33 Dangerous to self 14 6 12 32 Needs treatment* 7 6 9 22 Gravely disabled or incapacitated 10 3 6 19 Intoxicated/addicted† 8 4 7‡ 19‡ Loss of self-control§ 6 3 9 18 Lack of decisional capacity 5 2 6 13 Danger to property 1 1 2‡ 4‡ Pregnant and abusing 1 1 – 2 Prior failed treatment 2 1 1‖ 4‖ Evidentiary Standard Clear and convincing 11 5 6 22 Probable cause, reasonable basis 1 – 4 5 Other or unspecified standard 2 1 3 5 All values denote number of states.
↵* Includes requirement that treatment is deemed necessary to treat addiction, the patient is expected to benefit from treatment, or treatment is expected to prevent other negative outcomes.
↵† Substance abuse alone (either chronic or acute) is sufficient for commitment.
↵‡ Includes one state in which the criterion is listed only for alcohol or drug use.
↵§ Demonstrates a repeated pattern of failing to meet social, financial, or occupational responsibilities.
↵‖ Required by one state for outpatient commitment only.
- Table 2
Maximum Length of Initial and Subsequent Commitment and Commitment Setting in States With Civil Commitment Statutes for Substance Abuse
Commitment Periods and Setting Statute Exists, Used Regularly (n = 14) Statute Exists, Extent of Use Unknown (n = 6) Statute Exists, Used Rarely or Never (n = 13) All States with Statute (n = 33) Maximum initial commitment period* Up to 1 month 2 – 2 4 1–2 months 5† 1 1 7† 2–3 months 5 2 3‡ 10‡ 3–6 months 2 2 6‡ 8‡ 6–12 months 1† – 1 2† Longer than 1 year or indefinite – 1 2‡ 3‡ Maximum subsequent commitment period* 1–2 months 2 – 1‡ 3‡ 2–3 months 7 1 3‡ 11‡ 3–6 months 1 1 6‡ 8‡ 6–12 months 3 2 2 7 >1 year 1 – – 1 Not applicable§ – 2 3‡ 5‡ Commitment setting Inpatient only 4 1 3‡ 8‡ Inpatient or outpatient 9 5 9‡ 23‡ Unspecified 1 – 2 3 ↵* Every 30 days = 1 month. Thus, 60 days = 2 months, 90 days = 3 months, etc.
↵† Includes one state in which the maximum period for inpatient and outpatient commitment differ.
↵‡ Includes one or more states in which the maximum commitment period for alcohol and drug use differ.
↵§ The review process for ongoing commitment is neither judicial nor quasi-judicial in nature (e.g., falls under the authority of the state's mental health department).
