State Laws on Law Enforcement Custody and Transportation in the Process of Involuntary Civil Commitment.

IF 3.3 3区 医学 Q1 HEALTH POLICY & SERVICES
Psychiatric services Pub Date : 2025-05-01 Epub Date: 2025-02-21 DOI:10.1176/appi.ps.20240345
Marvin S Swartz, Megan Moore, Katie Lazar
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引用次数: 0

Abstract

Objective: Involuntary civil commitment statutes codify the process of involuntary admission to a health care facility. Many statutes assign law enforcement to preside over custody and transportation during the commitment process, which can be traumatizing to people taken into custody. States and localities are seeking to develop alternative crisis response approaches that reduce law enforcement involvement. This study aimed to document variations in state laws pertaining to custody and transportation during involuntary civil commitment.

Methods: The research team analyzed statutes (in effect as of March 1, 2024) of 50 states and the District of Columbia governing custody and transportation during involuntary civil commitment.

Results: Although every state and the District of Columbia had laws pertaining to responsibility for custody and transportation during involuntary civil commitment, laws varied on the entities that were allowed to transport individuals being considered for involuntary civil commitment and when non-law enforcement transport was permissible. Only seven states barred non-law enforcement transportation under any circumstance: Alabama, Georgia, Indiana, Maryland, Missouri, Montana, and Wyoming. However, even in the 44 jurisdictions where alternative transportation was permitted, law enforcement often served as the default transporter because of a lack of available alternatives.

Conclusions: Laws specifying responsibility for transport of people being considered for involuntary civil commitment vary by state, and the statutory opportunities to implement non-law enforcement transport are plentiful. Research is needed to guide policy making and implementation regarding involuntary civil commitment.

各州在非自愿民事拘押过程中的执法羁押和运输法律。
目的:非自愿民事承诺法规将非自愿进入医疗机构的过程编纂成法律。许多法规指定执法部门在承诺过程中主持拘留和运输,这可能会给被拘留者带来精神创伤。各州和地方正在寻求制定替代性危机应对办法,减少执法部门的参与。本研究旨在记录在非自愿民事承诺期间有关拘留和运输的州法律的变化。方法:研究小组分析了50个州和哥伦比亚特区的法规(2024年3月1日生效),这些法规管理非自愿民事承诺期间的拘留和运输。结果:尽管每个州和哥伦比亚特区都有关于非自愿民事承诺期间的拘留和运输责任的法律,但法律在允许运输被视为非自愿民事承诺的个人的实体和允许非执法运输的情况下有所不同。只有七个州在任何情况下都禁止非执法运输:阿拉巴马州、乔治亚州、印第安纳州、马里兰州、密苏里州、蒙大拿州和怀俄明州。然而,即使在44个允许使用替代交通工具的司法管辖区,由于缺乏可用的替代交通工具,执法部门也常常充当默认的交通工具。结论:规定非自愿民事承诺人员运输责任的法律因州而异,实施非执法运输的法定机会很多。需要进行研究,以指导有关非自愿民事承诺的政策制定和执行。
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来源期刊
Psychiatric services
Psychiatric services 医学-公共卫生、环境卫生与职业卫生
CiteScore
5.80
自引率
7.90%
发文量
295
审稿时长
3-8 weeks
期刊介绍: Psychiatric Services, established in 1950, is published monthly by the American Psychiatric Association. The peer-reviewed journal features research reports on issues related to the delivery of mental health services, especially for people with serious mental illness in community-based treatment programs. Long known as an interdisciplinary journal, Psychiatric Services recognizes that provision of high-quality care involves collaboration among a variety of professionals, frequently working as a team. Authors of research reports published in the journal include psychiatrists, psychologists, pharmacists, nurses, social workers, drug and alcohol treatment counselors, economists, policy analysts, and professionals in related systems such as criminal justice and welfare systems. In the mental health field, the current focus on patient-centered, recovery-oriented care and on dissemination of evidence-based practices is transforming service delivery systems at all levels. Research published in Psychiatric Services contributes to this transformation.
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