What is the difference between civil and criminal commitment?

The difference between civil and criminal commitment under mental health law in South Carolina is significant. Criminal commitment occurs when a person is accused of a crime and is deemed too mentally ill to stand trial. In this case, the court orders the individual to be committed to a mental health facility or hospital, usually for an undetermined amount of time, until the person is deemed mentally fit to stand trial. Civil commitment, on the other hand, occurs when an individual has not committed a crime, but is deemed a danger to themselves or others due to a mental illness. In this case, the court may order the individual to be committed to a mental health facility or hospital, typically for a set period of time, and can also order involuntary treatment or medication. In both cases, the individual must be deemed mentally ill or unstable in order for a commitment to occur. The main difference is that with criminal commitment, the individual has been accused of a crime, while with civil commitment, the individual has not committed a crime. It is important to note that civil commitment does not involve a criminal process and is a solely civil process.

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