CRM/LAW C100 Chapter Notes - Chapter 5: Outpatient Commitment, Involuntary Commitment, Communitarianism
16 Jun 2018
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Chapter 5: Outpatient Commitment
I. Types of Outpatient Commitment
A. Conditional release: prescribed community mental health treatment under threat
that they can be returned to hospital for non-compliance
B. Traditional conception: outpatient commitment intended to allow community
treatment instead of involuntary hospitalization
C. Preventive outpatient commitment: orders community treatment for those who do
not meet civil commitment criteria, to point where it is met and involuntary
hospitalization is required (can involve force medication, most criticized)
II. The Current Status of Outpatient Commitment
A. Infrequent use of outpatient commitment for reasons such as liability concerns,
lack of funding, logistical challenges, to attitudes or interests of key players, and
ignorance or skepticism
III. The Controversy Surrounding Outpatient Commitment
A. The “Facts” About OC
1. Difficult to study it effectiveness because it is rarely used
2. The research available is limited by methodological inadequacies in
general (biased)
B. Opponents Opinions About OC
1. TAC supports it, calls it assisted outpatient treatment whereas Bazelon
Center for Mental Health opposes it, involuntary outpatient commitment
2. Psychiatrist and family members favor OC whereas individuals in OC
dislike it
3. Those who believe in communitarianism and hierarchical ideals support
OC and those believing in individualism and egalitarianism oppose it
C. Tragedy Drives Policy
1. Biggest concern is that law only emerges after tragedy such as Kendra’s
Law
2. Leads to hasty policies
D. OC Statutes are Unconstitutional
1. Violate constitutional grounds to travel, privacy, personal dignity, freedom
of restraint and bodily integrity, freedom communication of ideas
2. I.e. Kendra Law put PWMI in fear of state in which they do not want to
lose their rights.
E. OC is Coercive
1. Commitment and forced medication
2. The state power beyond hospitals and into the community
3. Does not provide clear grounds for individual when the order ceases to
exist
Document Summary
The current status of outpatient commitment: infrequent use of outpatient commitment for reasons such as liability concerns, lack of funding, logistical challenges, to attitudes or interests of key players, and ignorance or skepticism. Center for mental health opposes it, involuntary outpatient commitment: psychiatrist and family members favor oc whereas individuals in oc dislike it, those who believe in communitarianism and hierarchical ideals support. Oc and those believing in individualism and egalitarianism oppose it: tragedy drives policy, biggest concern is that law only emerges after tragedy such as kendra"s. Law: leads to hasty policies, oc statutes are unconstitutional, violate constitutional grounds to travel, privacy, personal dignity, freedom. 2. of restraint and bodily integrity, freedom communication of ideas. 5. substance abuse, anosognosia, and with severe symptoms. Those who were court ordered, say experience was coercive and not benefit from it: deception and coercion, some states avoid constitutional challenges such as forced medication. Its coerciveness is not balanced by its benefits.
