Is there a constitutional right to treatment for a person detained under section 647(f) of the California Mental Health Act?

California, United States of America


The following excerpt is from Sundance v. Municipal Court, 232 Cal.Rptr. 814, 42 Cal.3d 1101, 729 P.2d 80 (Cal. 1986):

[42 Cal.3d 1155] Thus, the constitutional right to treatment for persons committed to protective custody has evolved as a consequence of both decisional authority and legislative expression. If justification for involuntary confinement rests, even in part, upon the need for care and treatment of an individual, then the state which confines must also provide treatment. (See Woe v. Cuomo, supra, 729 F.2d 96.) Both precedent and logic dictate that chronic alcoholics detained under section 647(f) must be confined in detoxification facilities where they can receive the minimum requisites of proper treatment and rehabilitation services.

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