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21 Dev. Mental Health L. 1 (2001-2002)

handle is hein.journals/dvmnhlt21 and id is 1 raw text is: Developments in Mental Health Law The Institute of Law, Psychiatry & Public Policy - The University of Virginia Volume 21, Number I (December 2001) Mandated Community Treatment: Beyond Outpatient Commitment John Monahan, Ph.D., Richard J. Bonnie, LL.B., Paul S. Appelbaum, M.D., Pamela S. Hyde, J.D., Henry J. Steadman, Ph.D., and Marvin S. Swartz, M.D.* Mandating adherence to mental health treatment in the community through outpatient commitment is among the most contested issues in mental health law. Outpatient commitment refers to a court order that directs a person who has a serious mental disorder to adhere to a prescribed community treatment plan and to be hospitalized for failure to do so if the criteria for involuntary hospitalization are met. Although 39 U.S. jurisdictions have statutes that nominally authorize outpatient commitment, until recently few states made substantial use of these laws. With the 1999 enactment in New York State of Kendra's Law, nationwide interest in -- and controversy over-outpatient commitment has soared. Also in this issue: Federal Cases .............. 21 Virginia Court Cases ........ 27 Other State Court Cases ..... 28 Dr. Monahan and Mr. Bonnie are affiliated with the University of Virginia School of Law, 580 Massie Road, Charlottesville, Virginia. Dr. Appelbaum is with the department of psychiatry of the University of Massachusetts Medical School in Worcester. Ms. Hyde is with the Technical Assistance Collaborative in Boston. Dr. Steadman is with Policy Research Associates in Delmar, NewYork. Dr. Swartz is with the department of psychiatry at Duke University Medical Center in Durham, North Carolina.

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