YEAR

CIVIL COMMITMENT

AUTHOR SOURCE SELECTION ABSTRACT
2009 Delusions and malingering in civil commitment and criminal cases Daisy K. Switzer, Ph.D. psychology CD 10603 While flagrant cases of delusional disorder exist, there are a range of subtle areas in both criminal and civil commitment cases which beg to question what we think we know about the nature of delusions. The application of delusional disorder in civil commit or criminal cases, and the danger of misapplication of the diagnosis will be presented. Cultural context diagnosis and the dangers of prejudice and ethical considerations when the diagnosis will keep a criminal off the street, what is the ethical thing to do? will be discussed. Dr. Switzer does contract evaluations for the Board of Parole Terms and is in private practice, with an emphasis on criminal forensics. Her practice is in Nevada County, with satellite offices in Humboldt and San Francisco.
2007 The Case for a Threshold for Competency in Sexually Violent Predator Civil Commitment Proceedings

Alan Abrams MD, JD
Amy Muth JD,
Nesibe Soysal MD
psychiatry journal 7038 Commitment of the sexually violent predator (SVP) is not only informed by restorative intent but also the desire to protect other members of society from the insidious propensities of the SVP. Thus, remanding an alleged offender to an SVP program constitutes some hybrid of civil ameliorative intervention and criminal containment and, as such, may be construed as quasi-criminal. Toward this end, most SVP laws endeavor to incorporate the preponderance of procedural due process rights accorded to accused individuals within the criminal justice system, except the right to be competent. However, the behaviors of sexually violent predators not infrequently find their origins in psychiatric or neurologic pathology. These same conditions, in fact, often compromise an SVP respondent s mental competence to stand trial. If he is unable to rationally collaborate with his attorney, an accused SVP defendant s fundamental right to counsel, which underpins all procedural due process, is subverted. Furthermore. the outcome of extensive substantive due process rights litigation in civil commitment cases has consistently upheld that those who are involuntarily confined by civil means are entitled to non-punitive conditions of confinement including individualized medically appropriate treatment. However, in the absence of some standard for trial competency, we propound that SVP commitment proceedings fail to fulfill either the procedural due process rights for criminal containment or the substantive due process guarantees for civil commitment.
2006 Prosecution and civil commitment of pregnant women who abuse drugs-a review and commentary Joseph Markowitz MD and Richard Frierson MD psychiatry journal 8088 A 29-year-old pregnant mother of four children in South Carolina was arrested and charged with killing her newborn daughter due to her cocaine use during pregnancy. Upon suffering a placental abruption, the physicians had obtained a drug screen of the newborn of Angela Marie Kolesar. Cocaine use represents a possible cause of placental abruption (2). The infant had irreparable brain damage at birth but survived nearly one and a half months before succumbing to her multiple medical problems. Should an addicted pregnant woman who presents for medical care be civilly committed on the grounds that her actions present prima facie evidence of danger to others since it has been established by an appellate court that a viable fetus is a person deserving legal protection?
2006 Jurors' attitudes toward post-sentence civil commitment Brooke Butler PhD psychology journal 7023 Jurors' attitudes toward post-sentence civil commitment (PSCC) were investigated. Three hundred residents of the 12th Judicial Circuit in Florida were given the following booklet of materials: opening statements; evidence favoring commitment; evidence favoring release; closing arguments; a 12-item measure assessing attitudes toward sex offenders; and standard demographic questions. Initial verdicts (made before any evidence was presented), intermediate verdicts (made after each piece of evidence was presented), and final verdicts (made after all evidence was presented) were measured on 6-point Likert scales. As hypothesized, participants demonstrated negative attitudes toward sex offenders. Consequently, participants were more likely to favor PSCC as the appropriate punishment for sexually violent predators, be receptive to evidence favoring PSCC, and exhibit little change between initial and final verdicts. Legal applications and implications are discussed.
2002 Civil commitment for sexual predators - maintaining patients' rights and clinical challenges Mark R. McClung, MD
psychiatry tapes 2040 Secure units for sexual predators under indefinite civil commitment present new legal and ethical challenges for psychiatrists. Besides the controversy around predicting likelihood of sexual reoffending, issues of involuntary medication, right to treatment, right to refuse treatment, and chemical castration arise in treatment planning and in court. Treatment planning is affected by legal action, requiring clarification of priorities by providers. The presentation includes case-based discussion of these issues in Washington s Special Commitment Center, including some unique legal challenges and treatment dilemmas.
1997 Civil commitment- involuntary hospitalization of the mentally ill- study of 1100 subjects Annette Crisanti
psychiatry tape 1297 Involuntary hospitalization of the mentally ill has been a contentious issue for decades. Hundreds of discussion papers dealing with history, legal aspects and clinical implications abound.
1996 Civil commitment in Southern Nevada-historical overview Franklin Master MD psychiatry tapes 10034 An historical overview, with commentary on current status, of civil commitment across the U.S. is presented, with focus on the recent major changes in civil commitment law passed by the Nevada legislature. Implementation of the new law began October 1, 1995, and the authors address the effects of the law, during its first three or four months, on the statistics of civil commitment in Southern Nevada.
1995 Parens patriae and the civil commitment of the mentally ill-a patient s perspective

Susan Stone JD, MD
Pedro Ruiz MD
Efrain Gomez MD
James Van Norman MD

psychiatry journal 5203 Paternalism has always been a dominant ethical force behind the civil commitment of the mentally ill in this country. While the origins and motivations of this paternalism have always been rooted in the desire to protect and treat the mentally ill, we must insure that civil commitment procedures will not be used as a method of social control. In this article, we examine the benefits and disadvantages of the American Psychiatric Association's model legislation proposal of 1983, developed in response to its membership's dissatisfaction with the civil commitment process. Psychiatrists have always been concerned with measures that place too many limitations on their clinical discretion. Also, the period of deinstitutionalization represented a relapse rather than truly a mental health re-form. However, we must be careful not to regress to a situation which was proven ineffective for the mentally ill. Since the American Psychiatric Association's model legislation of 1983 has been accepted and put into law by most states in the nation, it is important to objectively examine it from a patient's civil rights point of view. Hopefully, this article will shed light in this regard.
1994 The reluctant respondent- the geriatric patient in a civil commitment hearing Kathleen Mayers PhD psychology journal 242 Geriatric patients can be quite reluctant to attend their own hearings. The factors contributing to this reluctance are explored in this article, including time and location of the hearing, lack of familiarity with court personnel, and cognitive losses resulting from dementia. The patient with dementia may lack an understanding of the purpose of the court hearing, may have lost the ability to comprehend speech, and may experience losses of physical, cognitive, and emotional control. Sensitivity to the patient s desire to remain in his "home" environment, accommodation to the patient's needs and wishes by moving the legal proceeding to the patient's home ward, using efforts to calm the patient and ensure his level of comfort, and slowing the pace of the proceeding are suggested as strategies to provide adequate services to elderly respondents.
1994 Civil commitment of the severely demented patient-coercion and ineffective communication Kathleen Mayers PhD psychology journal 243 This article discusses the presence of coercive and persuasive patterns of speech as well as ineffective communication with patients diagnosed with severe dementia when civil commitment proceedings are scheduled. The manner in which the civil commitment proceeding is conducted, the patient's response to medication rights and his decision as to whether he will attend the legal proceeding are often decided on the basis of the patient s misunderstanding of language, his inability to comprehend the situation, his response to a "bribe" at times, a food treat or opportunity for socialization, and his desire to offer an acceptable answer to a question he does not understand.
1993 Admissions, court referrals and civil commitments in public and private psychiatric hospitals in southern Nevada Franklin Master MD
Hess HF
psychiatry journal 232 The authors, both of whom are regular court commitment examiners, studied available commitment data for both public and private psychiatric hospitals in Las Vegas, Nevada to determine whether, as alleged in the media, there had been abuse of commitment procedures by private hospitals. The findings raise a number of issues, some of which appear to be explainable in terms of differences between patient populations between the two types of institutions.
1992 Civil commitment of patients to private psychiatric hospitals-abuses of the system Franklin Master MD psychiatry tape 1937 With the great increase in the number of private psychiatric hospitals in the United States, much attention has recently been given to abuses of health care and questionable motives for admitting and releasing voluntary psychiatric patients. In a number of these facilities, patients were held for a longer period of time than expected and released only after family members secured court orders. Other abuses have included "luring" patients by means of promotional claims and by "paid referrals." The speakers are both court-appointed examiners in Las Vegas, Nevada with caseloads of patients for civil commitment.

1983 Dangerousness as a standard for civil commitment Jay Cohn MD, PhD, JD psychiatry journal 5032 Presentation and critical view of three landmark models for involuntary civil commitment: Parents Patriae theory, the Lanterman Petris Short Act, and the Stone model.