Civil Commitments
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Civil commitment is a process in which a judge decides whether a person who is alleged to be mentally ill should be required to go to a psychiatric hospital or accept other mental health treatment.
A person in the process of a commitment sometimes is called an alleged mentally ill person (AMIP). A civil commitment is not a criminal conviction and will not go on a criminal record.
Process
When a civil commitment petition has been filed, an investigator from the Community Mental Health Program (CMHP) will investigate the need for the commitment. Depending on the investigator's decision, the case may be dismissed without a hearing, the person may go into a diversion program or a hearing may be held. If a hearing is held, the person has a lawyer and witnesses testify. The judge then makes a decision whether the person should be committed. If the person is committed, the person may be hospitalized or may be required to undergo treatment in some other setting. The commitment procedure is described in ORS 430.070 to 430.130.
Hearing
A civil commitment is an open proceeding, so family, friends, and others can attend the hearing. A judge will preside over the hearing. The person who is alleged to be mentally ill, his or her attorney, a Deputy DA (representing the state), and the mental health examiner (or examiners) will also be present. Mental health examiners are doctors or other persons certified by the state to make examinations at commitment proceedings. The judge will appoint an examiner for the hearing. If requested, the judge may appoint a second examiner. Additionally, the investigator and witnesses may be at the hearing.