Department of Mental Health Flashcards
Involuntary commitment, duty to warn, sexually dangerous persons (12 cards)
definition of qualified psychologist
a licensed psychologist who is a health services psychologist (or other mental health qualified psychologist)
–a psychologist who can civilally commit someone
Definition of:
Likelihood of serious harm (for involuntary commitment)
1-risk of harm to self–threat, attempt (serious bodily harm)
2-risk to others–threat, behavior (homivcide/violence), OR that others are reasonably fearful of serious physical harm
3-VERY substantial risk of physical impairment or injury to self b/c mental health prohibits care of self or protection of self and their community can’t protect them
–
(1) a substantial risk of physical harm to the person himself as manifested by evidence of, threats of, or attempts at, suicide or serious bodily harm; (2) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them; or (3) a very substantial risk of physical impairment or injury to the person himself as manifested by evidence that such person’s judgment is so affected that he is unable to protect himself in the community and that reasonable provision for his protection is not available in the community.
can lead to civil involuntary commitment
Duty to warn potential victims
- patient made explicit threat to kill/maim a “reasonably identifiable person” and has apparent INTENT and ABILITY to do it
- patient has a known history of physical violence and clear and present danger to kill/maim a reasonably identifiable person
nothing to endanger therapist or victims is required
when you have a duty to warn a victim…
reasonable precautions to take
One or more of the following:
-warn victim of threat
-notify law enforcement
-arrange voluntary hospitalization
-initiate involuntary hospitalization
123, 12A
Emergency restrait of dangerous persons
- Qualified psychologist examines patient
- Determines that if we DONT hospitalize, there is a likelihood of serious harm (for mental health reason)
- Can authorize restraint/hospialization for 3 days involuntarily
–>If you can’t examine in an emergency, can still file, but need to explain what prevented examination and reasons for belief of risk
–>MUST offer voluntary admission to hospital first–(not to exceed three days)–“Look, you need to go to the hospital. You either need to go yourself, or I’m going to call the police and have them take you.”
when you can commit a person
Voluntary commitment rules
Person must be given chance to voluntarily commit self to hospital (for no more than 3 days) before being involuntarily committed
Can be asked to agree to give 3 days written notice of intent to leave in voluntary commitment
Section 123A–SDPs
“mental abnormality” definition (SDP)
a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
Section 123A–SDPs
Personality Disorder definition (SDP)
in sexually dangerous person law
a congenital or acquired physical or mental condition that results in a general lack of power to control sexual impulses.
Section 123A–SDPs
Sexually dangerous person
definition
- convicted of a sexual offense
- determined to have a “mental abnormality” or “personality disorder” making them likely to keep doing SOs if not confined at hospital
-OR- - Charged with SO–incompetent to stand trial, likely to commit more SOs if not confined
-OR- - previously adjudicated for SO and demontrated general lack of power to control sexual impulses as evidenced by: repetitive or compulsive sexual misconduct, violence against victim, or aggression against victim under age of 16
- likely ot attack others because of uncontrolled desires
any person who has been (i) convicted of or adjudicated as a delinquent juvenile or youthful offender by reason of a sexual offense and who suffers from a mental abnormality or personality disorder which makes the person likely to engage in sexual offenses if not confined to a secure facility; (ii) charged with a sexual offense and was determined to be incompetent to stand trial and who suffers from a mental abnormality or personality disorder which makes such person likely to engage in sexual offenses if not confined to a secure facility; or (iii) previously adjudicated as such by a court of the commonwealth and whose misconduct in sexual matters indicates a general lack of power to control his sexual impulses, as evidenced by repetitive or compulsive sexual misconduct by either violence against any victim, or aggression against any victim under the age of 16 years, and who, as a result, is likely to attack or otherwise inflict injury on such victims because of his uncontrolled or uncontrollable desires.
Nemansket Correctional Treatment Center
- Where SDPs are sent (on grounds of BSH)
Nemansket Correctional Treatment Center
SDPs may be confined post sentence based on:
- person is unamenable to treatment
- person unwillingness or failure to follow treatment recommendations
- person’s lack of progress in treatment at center
- danger posed by the person to staff or residents
- degree of security necessary to protect the public
SDPs petitions for discharge rules
- SDPs may petition for discharge once in every 12 months
- Must be examined by Designated Forensic Psychologist
- if they refuse exam, their petition is deemed waived/canceled
- Must be kept in “most appropriate level of security required to ensure protection fohte public, correctional staff, himself, and others”
- Opportunity for “community access program” after legal sentence is completed
