4E. Involuntary Commitment

Voluntary commitment is a fairly easy process. Involuntary commitment is not.

Involuntary commitment involves additional steps: 

1. A petition requesting commitment is filed with the local State’s Attorney.
2. The petition must be approved by the State’s Attorney and by the court. 
3. The court ensures that the patient, and the patient’s  guardian or nearest relative receives a copy of the petition and notice of rights.  
4. If not already in the hospital, the patient will generally be transported to the hospital by law enforcement on an emergency hold. 
5. The patient will receive an initial exam at either a Regional Human Service Center, or at the treatment facility.
6. A Report of Examination is filed with the court indicating the person either is or is not appropriate for involuntary commitment.
7. A report considering the availability of alternative treatment options will also be filed. 
8. If commitment is appropriate, the court process continues. (See more information in the “Preliminary and Treatment Hearings” section.) 

Involuntary commitments should be a last resort!

The person to be committed needs to be considered mentally ill or chemically dependent, and a “person requiring treatment.” 

Mentally ill means that the person has a disorder that substantially impairs their ability to use self control, judgment and discretion.  

Person requiring treatment  means that the person poses a serious threat to themselves or others and will likely hurt themselves or others if they are not treated.