Who Decides Civil Commitments? A Statewide Analysis of Initial Hold Requests

ABSTRACT

The authors examine the frequency of civil commitment petitions and rates of congruence within those initial requests. Using data provided by the Idaho Department of Health and Welfare Division of Behavioral Health, the authors analyzed 32,749 petitions for civil commitment, between 2010 and 2016, as submitted by police officers, inpatient physicians, hospital administrators, and others. Results demonstrate a persistent decrease in the level of congruence with police officers displaying the lowest level of concurrence. Factors contributing to these lower rates are discussed with emphasis given to future research and broader policy consideration and discussion.

KEYWORDS:

• Policing
• civil commitment
• public safety
• public health
• mental health
• mental illness

Disclosure statement

No potential conflict of interest was reported by the authors.

Cases Cited

Bradshaw v State of Idaho, 120 Idaho 429, 816 P.2d 986 (1991).

Idaho Department of Health & Welfare, v Doe, 157 Idaho 274, 335 P.3d 614 (2014).

In the Matter of the Application of Timothy P. Downing, 103 Idaho 689, 652 P.2d 193 (1982).

In the Matter of the Application of Helen True, 103 Idaho 151, 645 P.2d 891 (1982).

In the Matter of John Doe, Docket No. 43,466 (2016 WL 3,564,359 (2015). Opinion is unpublished and shall not be cited as authority.

O’Connor v Donaldson, 422 U.S. 563 (1975).

Notes

1. (1) … a person may be taken into custody by a peace officer and placed in a facility, or the person may be detained at a hospital at which the person presented or was brought to receive medical or mental health care, if the peace officer or a physician medical staff member of such hospital or a physician’s assistant or advanced practice registered nurse practicing in such hospital has reason to believe that the person is gravely disabled due to mental illness or the person’s continued liberty poses an imminent danger to that person or others, as evidenced by a threat of substantial physical harm; provided, under no circumstances shall the proposed patient be detained in a nonmedical unit used for the detention of individuals charged with or convicted of penal offenses. For purposes of this section, the term “peace officer” shall include state probation and parole officers exercising their authority to supervise probationers and parolees. Whenever a person is taken into custody or detained under this section without court order, the evidence supporting the claim of grave disability due to mental illness or imminent danger must be presented to a duly authorized court within twenty-four (24) hours from the time the individual was placed in custody or detained.

2. We want to make sure that transgendered patients are correctly identified as either men or women. Because the percentage of transgendered persons was < 1%, their exclusion will not impact the analysis, and if they were included, the findings would not significantly change. Future researchers should specifically look at the mental health needs for transgendered people and the civil commitment process.

3. While clustering the standard errors using either the county or region would be an alternative, it is not entirely possible to assume the observations are independent across clusters.