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Mental Commitment-Chapter 6

Under extreme circumstances, you could be forced into mental health treatment but only with court approval. At the hearing, the court will decide whether you are a danger to yourself, others, or "gravely disabled as a result of mental illness."

You can protest and fight the commitment. You have a right to receive notice and a hearing within 10 days. You also have the right to a lawyer and to have one appointed if you cannot afford one.

A concerned person can contact the county attorney’s office to request that the county attorney file a petition asking the court to order a mental health evaluation. The purpose of the evaluation is to determine whether you pose a danger to yourself or others or whether you are gravely disabled as a result of a mental illness. If the court finds that you meet the criteria, authorities can place you in a mental health treatment facility for 72 hours for treatment and evaluation. This is called a 72-hour hold. Police officers and certain mental health professionals can place a person on a 72-hour hold without a court order if there is an immediate danger.

After the first 72 hours have elapsed, either the treating professional certifies that you need further treatment, or you may voluntarily consent to further treatment. Otherwise you must be released.

If it is found that treatment is necessary, the court can approve the decision to certify you for as long as three months of treatment. The treating professional can recertify for an additional three months of treatment under the same procedure, including another hearing. A person cannot be held longer than six months without being certified for long-term treatment. The person has a right to notice, a hearing, a lawyer and trial by jury. A long-term commitment can be for up to six months, and can be extended for additional six-month periods.

While receiving mental health treatment, whether voluntarily or involuntarily, a person in Colorado keeps the right to vote, make contracts, marry and have a driver’s license, unless a court has specifically limited a certain right. Mental health records must be kept confidential, unless a court orders them disclosed to facilitate application for financial help for that person. You also have the right to receive appropriate treatment in the least restrictive setting.