What is the difference between civil commitment and criminal commitment?

The difference between civil commitment and criminal commitment is based on the purpose they serve. Civil commitment is a legal process in which someone with a mental illness is forced to receive treatment or to stay in a mental health facility. This is done for the protection of the individual and often for the public. In New York, it is specified in Mental Health Law §9.27. Civil commitment is usually ordered by a judge for individuals who are dangerous or severely maladjusted, and are unable to make decisions about their mental health care. Criminal commitment, on the other hand, is a court order for an individual convicted of a crime to receive psychiatric or psychological treatment in a mental health facility or another state institution. Unlike civil commitment, this is done as part of the criminal punishment and usually does not require the person to receive treatment, only to remain in a secure facility. In New York, criminal commitment is specified in Mental Health Law §30. In both civil commitment and criminal commitment, the mental health facility is responsible for providing care for the individual, as well as closely monitoring their progress and condition. In either situation, the individual may be released once they are no longer a threat to themselves or to the public.

Related FAQs

What is the right to refusal of medication?
How does confidentiality apply to mental health records?
What are the rights of mental health professionals in providing care?
How can a person get out of a mental health commitment?
What is the right to due process?
What is the right to an individualized mental health treatment plan?
What is the right to refuse treatment?
What is mental health law?
What is the right to informed consent for mental health treatment?
What is a mental capacity assessment?

What is the difference between civil commitment and criminal commitment?

Related FAQs

Related Blog Posts