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May 25, 2023 · Involuntary civil commitment, or the forced hospitalization of persons with serious mental illness (SMI),1is a type of mental health treatment that presents tension between an individual’s liberty interests and the state’s interests in protecting citizens from danger.
Feb 12, 2020 · This article focuses on the preferred disposition for an individual charged with a serious crime against another person, adjudicated incompetent to stand trial and not restorable to competence, whose original criminal charges are dismissed without prejudice, and who is regarded by the state as dangerous to the general public.
Jun 1, 2016 · Given the differences between the criteria for incompetence to stand trial and the criteria for civil commitment, some incompetent, unrestorable defendants will not meet traditional civil commitment criteria and would therefore seem eligible for release from jail or hospital confinement.
Though most individuals found incompetent to stand trial are able to be restored, a small minority of incompetency detainees are, like Mr. Jackson, immediately identified as unlikely to be restored in the foreseeable future.10 Others complete their initial11 competency restoration treatment and remain unrestored.
Indiana (406 U.S. 715 (1972)) decision, the United States Supreme Court ruled that states may not indefinitely confine criminal defendants solely on the basis of incompetence to stand trial.
Art. 46B.005. DETERMINING INCOMPETENCY TO STAND TRIAL. (a) If after an informal inquiry the court determines that evidence exists to support a finding of incompetency, the court shall order an examination under Subchapter B to determine whether the defendant is incompetent to stand trial in a criminal case.
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Is involuntary confinement an order of incompetency?
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THE DISPOSITION OF CASES INVOLVING PERMANENTLY INCOMPETENT DEFENDANTS IS EXAMINED, WITH SPECIAL CONSIDERATION GIVEN TO TRIAL, CIVIL COMMITMENT, AND SPECIAL COMMITMENT FOR PERSONS FOUND UNRESTORABLY INCOMPETENT TO STAND TRIAL AND FOR PERSONS ACQUITTED ON GROUNDS OF INSANITY.
