Ark. Code Ann. § 20-47-207 (2020)
Involuntary admission — Original petition
- Written Petition — Venue. Any person having reason to believe that a person meets the criteria for involuntary admission as defined in subsection (c) of this section may file a verified petition with the circuit clerk of the county in which the person alleged to have mental illness resides or is detained.
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Contents of Petition. The petition for involuntary admission shall:
- State whether the person is believed to be of danger to himself or herself or others as defined in subsection (c) of this section;
- Describe the conduct, clinical signs, and symptoms upon which the petition is based. The description shall be limited to facts within the petitioner's personal knowledge;
- Contain the names and addresses of any witnesses having knowledge relevant to the allegations contained in the petition; and
- Contain a specific prayer for involuntary admission of the person to a hospital or to a receiving facility or program for treatment pursuant to § 20-47-218(c).
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Involuntary Admission Criteria.
- A person shall be eligible for involuntary admission if he or she is in such a mental condition as a result of mental illness, disease, or disorder that he or she poses a clear and present danger to himself or herself or others.
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As used in this subsection, “a clear and present danger to himself or herself” is established by demonstrating that:
- The person has inflicted serious bodily injury on himself or herself or has attempted suicide or serious self-injury, and there is a reasonable probability that the conduct will be repeated if admission is not ordered;
- The person has threatened to inflict serious bodily injury on himself or herself, and there is a reasonable probability that the conduct will occur if admission is not ordered; or
- The person's recent behavior or behavior history demonstrates that he or she so lacks the capacity to care for his or her own welfare that there is a reasonable probability of death, serious bodily injury, or serious physical or mental debilitation if admission is not ordered; or
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- The person's understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily;
- The person needs mental health treatment on a continuing basis to prevent a relapse or harmful deterioration of his or her condition; and
- The person's noncompliance with treatment has been a factor in the individual's placement in a psychiatric hospital, prison, or jail at least two (2) times within the last forty-eight (48) months or has been a factor in the individual's committing one (1) or more acts, attempts, or threats of serious violent behavior within the last forty-eight (48) months.
- As used in this subsection, “a clear and present danger to others” is established by demonstrating that the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another, and there is a reasonable probability that the conduct will occur if admission is not ordered.
History. Acts 1989, No. 861, §§ 1, 4; 2003, No. 1789, § 2; 2007, No. 1416, § 1; 2009, No. 680, § 1.
Amendments. The 2009 amendment deleted “initially” preceding “detained” in (a).
Research References
ALR.
Validity, Construction, and Application of Overt Act Requirement of State Statutes Providing for Commitment of Sexually Dangerous Persons. 56 A.L.R.6th 647.
Case Notes
Additional Period.
The criteria for involuntary admission prescribed in subsection (c) apply to hearings wherein an additional period of involuntary admission is sought. Black v. State, 52 Ark. App. 140, 915 S.W.2d 300 (1996).
Contents.
Any reputable citizen of the state may file a written petition under oath, with the clerk of the probate court of the county in which an alleged mentally ill person resides or is found, which petition for commitment shall state that the respondent is mentally ill and that at least one of the standards for involuntary civil commitment is applicable to respondent and describe respondent's conduct, setting out all details of which the petitioner is aware, including the time and place of any pertinent occurence(s) and the names and addresses of any witnesses, if known. Wessel v. Pryor, 461 F. Supp. 1144 (E.D. Ark. 1978) (decision under prior law).
Double Jeopardy.
A civil commitment for evaluation and treatment does not meet the test of prior punishment for a criminal offense, even when the precipitating event for the commitment is criminal. Edwards v. State, 328 Ark. 394, 943 S.W.2d 600, cert. denied, 522 U.S. 950, 118 S. Ct. 370, 139 L. Ed. 2d 288 (1997).
Evidence.
The state failed to prove by clear and convincing evidence that defendant posed a clear and present danger to herself or others. Campbell v. State, 51 Ark. App. 147, 912 S.W.2d 446 (1995).
Trial court clearly erred in finding that appellant posed a clear and present danger to herself or others under subsection (c) of this section where there was no testimony to that effect, by all accounts, no one had expressed that fear, and the statute did not allow an abundance of caution to take the place of clear and convincing evidence. Bates v. State, 2016 Ark. App. 326, 495 S.W.3d 645 (2016).
Filing.
If an alleged mentally ill person is detained by or admitted to the local community mental health facility or its designee, or by the State Hospital, or if he is detained in any way in custody by local law enforcement authorities because of his alleged mental illness, a petition for commitment by the detaining or admitting facility, the officer, or by an interested citizen, must be filed at the first available opportunity in the probate court in the county where the person resides or is found. Wessel v. Pryor, 461 F. Supp. 1144 (E.D. Ark. 1978) (decision under prior law).
Grounds.
For a discussion of grounds for involuntary civil commitment, see Wessel v. Pryor, 461 F. Supp. 1144 (E.D. Ark. 1978) (decision under prior law).
A determination that an individual presents a clear and present danger to himself or others, as is required for civil commitment under this section, is not necessarily the same as a determination that an individual lacks the capacity to form culpable intent, as is required to acquit an individual under § 5-2-312. Edwards v. State, 328 Ark. 394, 943 S.W.2d 600, cert. denied, 522 U.S. 950, 118 S. Ct. 370, 139 L. Ed. 2d 288 (1997).
Release.
The respondent may be released at any stage of the proceeding if none of the standards for involuntary civil commitment still apply to him. Wessel v. Pryor, 461 F. Supp. 1144 (E.D. Ark. 1978) (decision under prior law).
A noncapital defendant's absolute right to bail may only be curbed by the setting of certain conditions upon his release, and not its complete denial; thus, although mental examination provided a basis for setting stringent conditions on release of defendant charged with attempted murder and aggravated assault, it did not give the judge the option of refusing to release him from incarceration. Henley v. Taylor, 324 Ark. 114, 918 S.W.2d 713, 922 S.W.2d 681 (1996).
Cited: In re Allen, 304 Ark. 222, 800 S.W.2d 715 (1990).