Civil Commitments

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Civil Commitments:
Sexually Violent Predators, Offenders who have Mental Health Disorders and Not Guilty by Reason of Insanity

What is a civil commitment?

Civil commitment is when an individual is committed to a treatment facility by a court. The commitment is ‘civil’ because it is not a criminal commitment. Those civilly committed are not being found guilty of a crime and the commitment is not a punishment. Those who wish to not extend their commitment are entitled to a trial by jury who decides whether a civil commitment is appropriate.

The purpose of a civil commitment is to provide necessary care and treatment to those who are a danger to themselves or others due to a mental illness.

The Monterey County District Attorney’s Office is involved in 3 areas of civil commitments, Sexually Violent Predators as defined in Welfare and Institutions Code section 6600, Offenders who are Mentally Disordered as defined in Penal Code section 2960 and Offenders who were found Not Guilty by Reason of Insanity as defined in Penal Code section 1026.

In all three categories list above recipients of these civil commitments once faced criminal charges in Monterey County. Once an individual is committed, they begin treatment at a mental health hospital run by Department of State Hospitals (DSH). Further information about DSH and a list of their facilities can be found at  www.dsh.ca.gov

Conditional and outpatient release

A committed individual may be moved into an outpatient program upon recommendation of DSH and the outpatient program. Outpatient programs usually involve communal living residential areas and the individual is given more responsibilities in maintaining their mental health with the assistance of mental health clinicians.

An individual may be moved from inpatient treatment to outpatient treatment at the recommendation of the court. This recommendation may be made during the commitment process or afterward. A committed individual may seek the courts recommendation to be moved to an outpatient program.

Length of commitment

Length of commitment can vary based on the reason for the commitment and the severity of the committed individuals’ conditions. The goal of commitment is to ensure that the committed individual is no longer a threat to themselves or others.