What is the difference between civil commitment and criminal commitment?
The difference between civil commitment and criminal commitment has to do with involuntary hospitalization in Maryland. Civil commitment refers to the involuntary hospitalization of individuals who have a mental illness and pose a threat to themselves or the public, which is governed by a different set of laws from criminal commitment laws. Civil commitment is given by a court order when an individual has been found to be mentally ill and deemed dangerous to themselves or the public. Generally, a family member or a healthcare provider would petition a civil court and plead for the court to order the individual into a mental health facility or hospital. This can be done on an interim basis or for a long-term period of time, as determined by the court. Criminal commitment, on the other hand, is a process for involuntarily committing someone to a mental health facility for a psychiatric evaluation and/or treatment in response to a criminal act. This is typically done if the individual has been found to be legally insane at the time of the offense and is considered too dangerous to the public for the court to allow them on the streets. This type of commitment is usually temporary, with the individual released once their mental health is restored or the criminal case is concluded. In Maryland, the major difference between civil commitment and criminal commitment is the way each is legally determined and ultimately enforced. These are important distinctions to note, as both civil and criminal commitment laws serve important roles in protecting the public and allowing for the continued care of those who need it.
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