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.