Comprehensive Civil Commitment Legislation

Comprehensive Civil Commitment Legislation Draft of Specific Legislative Ideas

1. An audit be undertaken to develop an understanding of the abuses and costs of the Civil Commitment Process including the legal costs, the hospitalization costs, and the costs of reporting to a court mandated agency as well as the damage to the victim.
2. Police officers be trained on the civil rights of welfare call recipients and not forcibly take them to hospitals if the requirements of the statute are not met and that the mandatory handcuffing police some police departments have be reviewed.
   
   Legislation be passed to help fund localized training for willing police officers in the area of welfare calls for mental health crises MNCIT  Minnesota Crisis Intervention Training https://mncit.org/  officers Intervention Training https://mncit.org/ 40 hour course for police officers.  The course teaches empathy for mental illness and de-escalation tactics for dealing in mental health situations, situations where the authoritative stance which is an asset for police officers may be too intimidating and developing rapport may be more beneficial.  It costs about $2000 per officer, including fees, officer’s salary for a week and overtime ensued.  Funding is an obstacle for police
   departments with willing and interested officers.
   
   
3. Hospitals be trained on the statute requirements for the Civil Commitment process and that doctors that evoke the process be required to testify as to how the statute was met- how least restrictive means weren’t working and how the person was a threat to themselves or others.  A psychotic episode for a cooperative patient is not a justification, it is a situation in need of examination and care.
4. So as to prevent unnecessary and routinized usage of the civil commitment process and so as to properly train doctors in statute and developing a therapeutic bond with patients, the rate at which doctors and hospitals evoke the civil commitment process be tracked and continuing education in the requirements of the statute, the damage done by forced care, and how to develop a therapeutic bond be required for doctors that overuse this.  Legislative action should be developed in this area.
5.  Attorneys should be allowed to meet with the doctor and the patient to see the situation and whether statute is met and to see if consensual care can result.  Patients get to have a say in their care and assurance must be made that they are a danger to themselves or others.  Attorneys be brought in at the beginning of the civil commitment process so as to immediately check to see if the statute requirements are met and that the attorneys be allowed to talk with the doctor and the patient together.  If one doctor cannot get consensual treatment, another doctor should be selected before the civil commitment process is evoked.
6. The allowance of administrative hearsay should be restricted.  This makes the hearings a free for all on errant statements about the patient.  County attorneys and judges should focus on the requirements of the statute and not the non-dangerous behavior or statements of the patient while under care.
7. Legislative action should be taken to eliminate forced shock treatment and forced drugging for more than two weeks.  Stabilization can result in that time frame.
8. Legal hearings take place at the hospital so as to prevent unnecessary trauma for the patient and to assure that the patient and the attorneys and the judges can directly question the provider who evoked the process.
9. The privacy of the patient be protected and that an alternative to the public appeals process like a review board be put in place.
10. Privacy should be protected during the appeals process and afterwards to promote healing and human dignity. Names should be redacted.
11. Data Collection Steps should be taken by police and hospitals to track the reasons/causes of suicides and suicide attempts and suicidal ideation so as to better understand the problem and have targeted responses. Specific attention should be paid to the role of medications and recent changes therein as well as the history of medications.