SICKENING
New Laws Force Drug Users Into Rehab Against Their Will~2017
According to the National Alliance for Model State Drug Laws, 37 states already have statutes that allow substance abusers who have not committed a crime to be briefly detained against their will. In most cases the legal bar is high. Over the past several years, however, states have been quietly revising their laws to allow for longer periods of commitment with fewer legal hurdles….passing a new measure that allows individuals with substance abuse problems to be held up to 90 days against their will.
A petition can be filed by “any adult with direct personal observed knowledge of the respondent’s impairment,” and must only show probable cause that the individual has “lost the power of self-control with respect to substance abuse” and are “incapable of making a rational decision regarding his or her need for care.”
Democratic Assemblyman Joseph Lagana (Paramus), would allow a police officer with no addiction training to detain a person if they have “reasonable cause” to believe that the person is in need of involuntary treatment.
David Freed, district attorney for Cumberland County, Pennsylvania—where overdose fatalities doubled in 2016—supports the measure, and says states have a “moral obligation” to help drug addicts who he says won’t help themselves. The process should be seamless. It should be standard, and frankly, it should not be optional,” he testified last year.
Debra Hicks went to work on Sept. 19, 2011,… she got a crash course on how easily her own civil rights could be violated, when she overdosed on her pain pills and a psychiatrist she’d never met involuntary committed her to Glendale Adventist Medical Center, near Los Angeles.
Like millions of other Americans, Hicks suffers from chronic pain issues, including fibromyalgia—a painful nerve condition—three herniated disks and two pinched nerves.
Her treatment includes seeing a pain management specialist, and taking prescribed medications that include opioid painkillers.
According to a lawsuit she filed in Los Angeles Superior Court, on the day her ordeal began Hicks had forgotten to take her morning dose of painkillers….
Hicks’ roommate found her passed out on the floor of the apartment they shared and called 911.
Though she managed to walk to the ambulance that would take her to the emergency room, doctors there told Hicks that, as a matter of protocol, patients who have suffered a drug overdose must speak to a psychiatrist before being released.
According to her lawsuit, Hicks waited nine hours after she was discharged from the emergency room before a nurse informed her she was being detained under a 1967 law that gives psychiatrists in California limited powers to hold a person who is dangerous to themselves or others due to mental illness against their will for up to 14 days.
By the time she was released six days later, Hicks claims she had been placed in five-point restraints and “forcibly and unwillingly subjected to the use of strong antipsychotic medications”—according to an ongoing lawsuit against the facility.
Hospital records attached to Hicks’ lawsuit say her only formal diagnosis was “depression.” When Hicks attempted to leave the hospital—a full 24 hours after being released from the ER—she was chased down and brought back by local police and hospital security guards, she asserts in her complaint.
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…under California’s civil commitment law—which requires only a finding of probable cause that an individual is a danger to themselves.
Her only “crime,” she says, was having a bad reaction to her doctor-prescribed opioid medication.
Meanwhile, detaining a person who has committed no crime based on what they might do in the future has potentially severe long-term repercussions.
“Involuntary commitment gives someone a lifelong marker that interferes with their ability to get health care coverage, own a firearm, and it could prevent them from getting certain jobs,
Once a civil commitment is on a person’s record, …it’s nearly impossible to get it expunged.
https://www.thedailybeast.com/new-laws-force-drug-users-into-rehab-against-their-will