SCOTUS: Sex offenders can be held indefinitely

Azrael, A person who has been committed can be hold up to 5 working days in most states before a court order is required. The range is 3 to 5 days, depending on the state. In most states it is 5 days. Civil commitments can be instituted by anyone in most states. I am not sure where that two psychiatrists thing came from. A petition is filed, the state usually sends someone to investigate, and either it is dismissed or goes to a hearing before a judge. The judge hears witnesses. I am sure psychiatrists are common witnesses when it is a mental illness hearing, but not all states (do any?) have a two psychiatrists rule. A judge can rule based on any evidence presented. And your 60 days may be right for a particular state you looked at, but every state has different parameters, some as much as 180 days before a new hearing is required. Of course, people who the state is trying to civilly commit have rights and can be represented by counsel. But you really can be committed limitlessly if a judge signs off on it. I didn't say they don't have hearings. But as long as a judge keeps signing off on it, it can -- and does -- happen.

 

That doesn't deal mainly with civil commitments. Read through it, though. Apparently in New York, you can be kept for up to 15 days involuntarily under certain circumstances before you get a hearing. Your two psychiatrists thing apparently is for a medical certification hearing. But they list two other certificates that can get someone involuntarily committed, including an emergency admission -- how people are often committed, because the cops think they are dangerous. If you find yourself in that situation, a psychiatrist has to examine you within 48 hours, and if that psychiatrist confirms that you are dangerous, they can keep you for 15 days involuntarily, before you have the right to go through the whole hearing process. By the way, in New York, a patient who has been involuntarily committed (say by relatives), can request a hearing at any time during the first 60 days. But there is no automatic hearing.

But ere is a summary for Oregon, for example, were they can commit you for up to 180 days before a new hearing is required if the patient challenges his or her commitment.

http://www.oregoncounseling.org/LawsRights/CivilCommit.htm

More relevant to this thread, here is a web page outlining how sexual predators in Washington state can be detained civilly beyond their prison sentence:

http://www.doc.wa.gov/community/sexoffenders/civilcommitment.asp

Their commitment is only subject to an annual review.

As you said, of course, in all of these types of proceedings people who are being held involuntarily have the right to hearings and legal representation. But my point originally (in response to a post by Smash Williams) was simply that every state has laws that allow civil commitments.