Abstract
Two decades ago the laws regulating involuntary mental hospitalization were very flexible and allowed for substantial abuse. Due to recent court rulings and changes in law, the legal context of involuntary hospitalization has been drastically changed. In the present paper we briefly review recent court rulings on rights of the mentally ill and then systematically review the laws regulating involuntary hospitalization, showing how those laws changed from 1960 to 1981. In most states persons can be hospitalized only if they are mentally ill and pose an immediate danger to themseleves or others. If hospitalization occurs, periodic reviews take place in most states. Although actual practice rarely conforms stringently to legal statutes, the statutes reviewed apparently have had a major impact on practice, affecting the characteristics of persons hospitalized, the treatment they receive, and the rights they retain. As a consequence, social scientists need to modify their understanding of mental hospitalization...
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