Disability Rights Legislation

HB 104 – Civil Commitment Law Expansions (2013-2014)

Link to Bill:
http://www.legislature.state.oh.us/bills.cfm?ID=130_HB_104
Status:
Failed
Summary:

This bill changes the laws concerning the civil commitment of and treatment provided to mentally ill people by broadening the definition of “mentally ill person subject to court order.” The expanded definition includes people who satisfy all of the following conditions:

  • Unlikely to voluntarily participate in treatment despite a risk of serious impairment or injury to self or others
  • Have demonstrated difficulty sticking to reasonable and appropriate prescribed treatment
  • The substantial likelihood that, if the person is not treated, the person’s current condition will further deteriorate to the level of posing a “substantial risk” of physical harm to themselves or others

It also increases the ability of courts to commit those they think meet these conditions to not just hospitalization but to out-patient treatment as well.

Primary Sponsors:
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Secondary Sponsors:
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Committee:
Civil Justice (S), Judiciary (H)
Companion Bill:
SB 43
LSC Legislation Status:
http://lsc.state.oh.us/coderev/hou130.nsf/House+Bill+Number/0104?OpenDocument
Jurisdiction/Legislation Level:
State
Our take on this bill:

HB 104 broadly expands the power to commit individuals to court-ordered mental health treatment beyond situations when an individual is a substantial risk to themselves or others, potentially opening the door to arbitrary civil commitment. While protecting public safety is important, perhaps the most serious impact on rights is when government authorizes the incarceration or detention of people. Accordingly, standards such as those included in HB 104 deserve the highest degree of scrutiny to ensure the right balance is struck. We continue to monitor this legislation with those concerns in mind.

Bill Status:

Passed out of the House Judiciary Committee on 11/21/13
Passed the House on 12/11/13