[The hearing with the "custody and liberty judge": How is it perceived by incarcerated people involuntary...

In France, the judicial control of involuntary hospitalization by the "custody and liberty judge" (Juge des libertés et de la detention, JLD) is systematic. However, the way it is perceived by incarcerated individuals' involuntary hospitalization in specially adapted hospital units (Unités hospitalières spécialement aménagées, UHSA) remains unknown. This study aimed to: (i) explore how incarcerated patients hospitalized in UHSA under involuntary psychiatric care experience and understand the JLD hearing; and (ii) compare these aspects based on the hearing format (videoconference vs. in-person).

We conducted a questionnaire-based survey at the Lille-Seclin UHSA during two periods: from January 14th, 2021 to May 2nd, 2021 (videoconference hearings) and from October 7th, 2021 to March 31st, 2022 (in-person hearings) among involuntarily hospitalized adult male patients.

A total of 56 out of 68 eligible patients agreed to complete the questionnaire (response rate: 82%). Our results showed that people imprisoned and involuntary hospitalised were fairly satisfied with their hearing before the JLD and that they felt they understood the issues involved. Around 60% of respondents felt that they had been listened to by the JLD and that their rights had been respected during the hearing. However, 40% perceived that the hearing concerned their criminal status (whereas both systems are independent). No statistically significant differences were found between the "Videoconference" and "In-person" groups.

Our findings suggest that incarcerated patients hospitalized under involuntary psychiatric care in UHSA are generally satisfied with the JLD hearing, regardless of whether it takes place via videoconference or in person. However, the hearing appears to blur the distinction between psychiatric care and the judicial process, an issue that healthcare professionals should address with particular attention.