Here in Massachusetts anyone can file a petition in district court seeking to have a mentally ill person committed to a hospital for psychiatric treatment. See G.L. c. 123, Sec. 12(e).
The petitioner must show that the “respondent” (i.e., the person who may be committed) suffers from a mental illness that causes a “likelihood of serious harm.”
Before commitment can be ordered, the court will appoint an attorney to represent the respondent.
And the respondent will have an opportunity to speak with the court clinician who is usually a licensed psychologist or a clinical social worker.
An emergency hearing will then take place with the judge, the petitioner, the clinician, the respondent and the court-appointed lawyer.
If, after a full adversarial hearing on the matter, the judge concludes that commitment is necessary, the respondent will be sent to the hospital for up to 3 days.
(It should be noted that the hospital can release the respondent/patient at any point during the 3-day commitment period.)
The court clinician can, on his or her own initiative, have the respondent sent to the hospital under section 12(a) of G.L. c. 123.
When his happens, no 3-day commitment is ordered.
Instead, the 12(e) petition–and it’s required hearing–are essentially cancelled.
Instead, pursuant to section 12(a), the respondent is simply sent to the hospital where a hospital doctor will determine with a 3-day commitment is needed.