在非自愿的民事承诺过程中,关于执法监护和运输的州法律
Marvin S Swartz1, Megan Moore1, Katie Lazar1
1Wilson Center for Science and Justice, Duke University School of Law, Durham, North Carolina (all authors); Department of Psychiatry and Behavioral Sciences, Duke University School of Medicine, Durham, North Carolina (Swartz); University of North Carolina School of Law, Chapel Hill (Lazar).
Psychiatric services (Washington, D.C.)
|February 21, 2025
概括
关于运送个人进行非自愿的民事承诺的州法律各不相同,许多州允许采取执法替代方案. 然而,由于缺乏其他选择,执法经常仍然是默认的选择.
科学领域:
- 公共卫生法 公共卫生法
- 心理健康服务 心理健康服务
- 刑事司法 刑事司法 刑事司法
背景情况:
- 非自愿的民事承诺法规规定了个人进入医疗保健设施的过程.
- 执法人员参与拘留和运输期间的承诺可能是创伤性的.
- 人们越来越需要替代的危机应对模式,以尽量减少与执法部门的接触.
研究的目的:
- 记录有关强制性民事承诺期间监护和运输的州法律的变化.
- 在民事承诺中确定非执法运输的法定规定.
主要方法:
- 分析所有50个州和哥伦比亚特区的法规.
- 专注于法律管理监护和运输在非自愿的民事承诺.
- 自2024年3月1日起收集数据.
主要成果:
- 所有州和华盛顿特区都有关于监护和运输民事承诺的法律.
- 七个州只允许执法人员运输.
- 44个司法管辖区允许非执法运输,但由于缺乏替代方案,它往往没有被利用.
结论:
- 国家法律在民事承诺期间为非执法运输提供了重大机会.
- 执行方面的挑战仍然存在,执法部门经常是默认的.
- 进一步的研究对于为政策提供信息和指导实施替代运输模式至关重要.
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