As voluntary patients, people have the right to request to be discharged immediately, by contacting the head of the mental health facility. Voluntary patients also have the right to be free from locked seclusion and restraints. Involuntary patients are those who are being held against their will because, as a result of a mental disorder, they are likely to harm themselves or others. This detention is usually authorized by order of the court. Involuntary patients have many of the same rights as voluntary patients, except they can't leave the facility when they want and they cannot refuse some types of treatment, including medications.
Voluntary treatment is always preferable to involuntary treatment.
Peace officers, mental health coordinators, mental health professionals and certain others may cause a person to be taken into custody and hospitalized against his will. In order to be detained as an involuntary patient, there must be reason to believe that the person, because of a mental disorder would be likely to harm himself or others. A person admitted against his will may be held for evaluation and treatment for up to 96 hours, a period which does not include weekends and holidays. Patients who are thought to continue to be harmful to themselves or others may be detained for 21 days. Within three hours of being admitted as an involuntary patient, the person must be given the name and phone number of an attorney appointed to represent him and must be provided assistance in contacting that attorney.