Involuntary commitment proceedings and limited appearance by corporation counsel. (FE)

What it does

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, a person may petition for involuntary commitment of an individual if the petition for examination (three-person petition) is signed by three adult persons, at least one of whom has personal knowledge of the conduct of the individual, except in certain situations where a court finds a juvenile not responsible for an offense by reason of mental disease or defect or not competent to proceed with the criminal proceedings. The three-person petition must allege that the individual is mentally ill, drug dependent, or developmentally disabled, is a proper subject for treatment, and is dangerous. For purposes of involuntary commitment, an individual is dangerous, under current law, because the individual evidences any of the following: 1) a substantial probability of physical harm to himself or herself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm; 2) a substantial probability of physical harm to other individuals as manifested by evidence of recent homicidal or other violent behavior or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to themselves; 3) impaired judgment manifested by evidence of a pattern of recent acts or omissions such that there is substantial probability of physical impairment or injury to himself or herself; 4) an inability to satisfy certain basic needs, due to mental illness, so that a substantial probability exists that death, serious physical injury, serious physical debilitation, or serious physical disease will imminently ensue without prompt and adequate treatment for mental illness; or 5) for an individual who is not alleged to be drug dependent or developmentally disabled, incapability of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives, or substantial incapability of applying that understanding to his or her mental illness and a substantial probability that the individual needs care or treatment to prevent further disability or deterioration and that he or she will, if left untreated, lack services necessary for health and safety and suffer severe mental, emotional, or physical harm that will result in the loss of the individual's ability to function independently or the loss of cognitive or volitional control over thoughts and actions (grounds for involuntary commitment). Current law provides an additional procedure if a three-person petition is filed based on the fifth ground for involuntary commitment. Current law also sets forth certain exceptions and requirements if the subject of the three-person petition is an inmate of a prison, jail, or other criminal detention facility or if the subject has been in inpatient treatment for mental illness, developmental disability, or drug dependency immediately before commencement of involuntary commitment proceedings. Current law also provides alternate grounds for commitment.

In addition to one of the grounds for involuntary commitment, the three-person petition must contain the names and addresses of the petitioners and their relationship to the subject individual and the names and addresses of individuals with a certain relationship to that individual. Current law requires that the petition contain a clear and concise statement of the facts which constitute probable cause to believe the allegations of the three-person petition. Current law requires the petition to be sworn to be true. Under current law, if the petitioner does not have personal knowledge of the conduct of the subject individual, the petition must contain a statement providing the basis for the petitioner's belief.

Who's behind it

2 lawmakers are its authors⁠. All 2 are Republicans.

2 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DA
• Fiscal Estimate From DHS
• Fiscal Estimate From DOC
• Fiscal Estimate From SPD