What is the difference between civil commitment and criminal commitment?
The difference between civil commitment and criminal commitment in Tennessee is significant. Civil commitment is the legal process by which a person is involuntarily committed to a mental health facility due to their mental illness and inability to manage their own safety or care. This is typically done by petitioning a family court judge for an order of commitment upon the recommendation of a qualified mental health professional. Criminal commitment, on the other hand, is done by a criminal court judge at the conclusion of a criminal trial in which the accused was found to be mentally ill and unable to understand the proceedings or assist in their own defense. The accused may be ordered to be involuntarily committed to a mental health facility until they are found to be competent or their condition is adequately treated. Overall, both civil commitment and criminal commitment require court orders that place a person in a mental health facility. However, the primary difference between the two is that criminal commitment is part of a criminal justice process, while civil commitment is part of a civil process. This ultimately means that civil commitment does not require a criminal conviction, whereas criminal commitment does.
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