We’ve all heard of someone being involuntarily committed for mental health problems because they pose a danger to themselves or others, but can someone be committed for substance abuse? The answer is, it depends.
Commitment laws exist to protect people with a mental health disorder from hurting themselves or causing harm to others. These laws allow the involuntary commitment of an individual by the courts, contingent upon substantial and reliable evidence of potential harm. For individuals with severe substance use disorder, several states are now talking about implementing involuntary commitment laws for the first time or altering existing laws in order to make commitment less difficult. In some of these states, new involuntary commitment policies specifically apply to opioid use.
Thirty-seven states and the District of Columbia have laws in place that allow for the involuntary commitment of people with a substance abuse disorder, alcoholism, or both. In a majority of these states, however, these laws are rarely used, sometimes because people aren’t even aware of them. With little precedent to guide them, judges might decide to take the less controversial path and ignore commitment as an option. The laws vary from state to state on who can initiate proceedings; it might be a relative, a physician, or a psychologist). The amount of time someone can be committed is also not standard, nor is the type of treatment.
Only five of these states have “substance abuse” and “alcoholism” in the statutory definition of mental illness or disorder. The other 33 states separate substance abuse disorders and alcoholism from mental illness. This is meant to prevent individuals who committed a crime while under the influence from being able to plead insanity as a defense. Thirteen states do not allow involuntary commitment at all for individuals with substance abuse disorders.
Similar to typical commitment proceedings, there must be evidence that the individual has threatened, attempted, or inflicted physical harm on himself or another person, or that harm is imminent without intervention. Another possibility is if the person is unable to provide for his basic needs (food, shelter, clothing, etc.)
Even if someone is involuntarily committed, they can still petition for release by seeking a writ of habeas corpus, which is a court order that brings the detained person before the court to determine if their detention is lawful. This acts as a safeguard against someone being committed without sufficient cause. However, parents and legal guardians can involuntarily commit a child under the age of 18 without a court order.
Generally, a person who is involuntarily committed for inpatient treatment stays for about two weeks. Unfortunately, this is usually not enough time to be effective. Most residential programs are at least 28 days, and the National Institute on Drug Abuse recommends 90. Also, the laws do not currently require any aftercare or follow up after people are released.
If you believe that you or a loved one are suffering from a substance abuse problem, call Asana Recovery at (949) 438-4504 to learn about our medical detox and residential and outpatient therapy programs.
