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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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