Involuntary commitment is a legal process used when a person with a mental illness poses a danger to themselves or others and is unwilling or unable to seek treatment voluntarily. In New Jersey, the procedures for involuntary commitment are strictly regulated to protect the individual’s rights while ensuring public safety and necessary medical care. This post explains the key steps and legal standards involved in involuntary commitment in New Jersey.
Understanding Involuntary Commitment
Involuntary commitment, sometimes called civil commitment, allows for the hospitalization and treatment of individuals suffering from mental illness without their consent. In New Jersey, this process can only occur when:
- The person is diagnosed with a mental illness and
- They pose a serious risk of harm to themselves, others, or property
- They refuse or are unable to accept voluntary treatment
The process is governed by the New Jersey Court Rules and the New Jersey Civil Commitment Statutes (N.J.S.A. 30:4‑27.1 et seq.).
Initiating the Process: Screening and Assessment
The commitment process often begins at a psychiatric emergency screening center, which may be located in a hospital or other designated mental health facility. These centers are available 24/7 in each county.
Step 1: Screening
- A mental health screener evaluates the person.
- If they believe the criteria for commitment are met, the screener prepares a screening certificate.
- If necessary, law enforcement may be involved to transport the person safely.
Step 2: Psychiatric Evaluation
- Once admitted to a short-term care or psychiatric facility, a psychiatrist or physician must complete a clinical certificate confirming the need for involuntary treatment.
- Two clinical certificates are required: one by a psychiatrist and one by another mental health professional.
Short-Term Involuntary Commitment
Once admitted under emergency circumstances, the individual may be held for up to 72 hours. During this time:
- They are evaluated by facility staff.
- If ongoing commitment is sought, the facility must file a court petition and notify the county adjuster and the individual’s attorney or court-appointed counsel.
The Commitment Hearing
If the facility seeks to extend the involuntary stay, a court hearing must occur within 20 days of the initial commitment.
At the hearing:
- The patient is represented by legal counsel (public defender or private attorney).
- The facility must provide clear evidence that the person:
- Has a diagnosed mental illness
- Poses a danger to themselves or others
- Needs continued inpatient treatment
- The judge may order continued hospitalization or a less restrictive alternative, such as outpatient commitment.
If continued inpatient treatment is ordered, a review hearing is held every three months to assess whether the criteria for involuntary commitment still apply.
Patient Rights
New Jersey law ensures several important rights for those facing involuntary commitment:
- The right to legal representation
- The right to a hearing in front of a judge
- The right to appeal the commitment order
- The right to adequate mental health treatment and humane care
- The right to communicate with family and legal counsel
Any violation of these rights may be grounds for legal action.
Outpatient Commitment (Involuntary Outpatient Treatment)
In some cases, the court may order involuntary outpatient treatment (IOT) if the individual:
- Does not require hospitalization
- Can be safely treated in the community
- Is likely to benefit from structured treatment
Outpatient orders typically require the person to attend therapy, take prescribed medications, or participate in rehabilitation programs, with compliance monitored by mental health professionals.
Conclusion
Involuntary commitment in New Jersey is a serious legal procedure designed to balance an individual’s civil liberties with the need for psychiatric care and public safety. The process includes multiple safeguards, including court oversight, medical evaluations, and patient rights. If you or a loved one is facing involuntary commitment, consulting with an experienced attorney can help ensure the process is conducted fairly and lawfully.