Involuntary Confinement: What You Should Know

There are many angles of this controversial issue. Many cite the abuse that occurs in some mental institutions is horrendous, and such places are not ideal to house the mentally ill. Still others believe that the mentally ill are dangerous, violent people, and for the sake of public safety, they should all be locked up. Caught in the middle of this endless debate are the mentally ill themselves, some unwilling or unable to make decisions regarding their own freedom.

Take the case of Julie Rodriguez of Sacramento, CA. She drove herself and her two young children straight into the murky Sacramento River in the spring of 98. Rodriguez, 31, refused treatment for psychosis and paranoia, despite her family's pleas to mental health professionals. Her family was unable to force Rodriguez into a hospital, unless she did something that was considered drastic. Well, she did do something drastic - she killed herself and her two young children.

On the other side of the issue are the new controversial involuntary commitment laws of New York State. New legislation is being pushed through the New York state senate, following the killing of Kendra Webdale, a young woman pushed to her death from a subway station platform by Andrew Goldstien, a mentally ill man who was recently discharged from a mental facility and couldn't get further treatment. Today, Kendra's Law is now in effect in New York, but more legislation is needed. There are several bills in the works, and all aim to allow a mentally ill person's family, friends, or caregivers to petition a state court for an order requiring the person to take his medication for a diagnosed mental illness. Violators of the court order would be taken to a psychiatric hospital for a 72-hour emergency evaluation.

As of press time, 37 states and the District of Columbia have involuntary commitment laws similar to the proposed New York laws already in practice. Other countries, such as the United Kingdom and Australia also have similar laws.

One of the main issues is who needs to be confined, and who deserves to be free? Below are the general rules for people to be involuntarily confined: The person must be mentally ill. (In other words, they must have a mental illness that has been diagnosed.) The person must require treatment that will help the illness. To be involuntarily detained, the

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