When a person’s behavior causes concern for their welfare, they can be forced to enter a treatment facility in a process called civil commitment–even if they don’t pose an immediate danger to themselves or others. Civil commitment is a thorny issue because, on the one hand, communities have a responsibility of care; but on the other hand, communities must respect individuals’ rights and freedoms. Furthermore, individuals left to experience acute mental health crises without support may pose a danger to themselves or others, and compelling treatment may be a better option than leaving them unsupported.
Historically, there were many cases where the civil commitment process was abused, sometimes causing egregious harm. Those abuses led to reforms making the process much more difficult to pursue. Civil commitment is rarely used in Oregon, partly because of difficulty finding placement for those who may be in need. It has also been argued that the legal standard for civil commitment in Oregon may be higher than necessary.
Oregon’s outgoing chief justice, Martha Walters, established the Commitment to Change Workgroup last year, to grapple with these difficult questions. The workgroup includes representatives from the criminal justice system like judges, district attorneys, public defenders, and law enforcement. Also represented are legislators, local governments, and healthcare leaders such as the Association of Oregon Community Mental Health Programs, disability rights advocates, mental health and addiction care providers, and state agencies. There is currently an opening on the workgroup for someone to represent counties. Anyone interested in this opportunity should reach out to AOC Legislative Affairs Manager for Public Safety, Michael Burdick, for more details.
Contributed by: Michael Burdick | Legislative Affairs Manager