Commitment Division

Care and Treatment for Persons with Mental Illness

  • Under the provisions of K.S.A. 59-2945 through 59-2986

The following information is provided to answer common questions concerning involuntary commitment cases involving mental illness. It is not intended to serve as legal advice.

An involuntary commitment is not intended to institutionalize persons suffering from a mental illness for long periods of time, nor can it provide permanent stabilization of an individual’s symptoms. Court action will result in a relatively brief intervention in most cases, and individuals with mental illness will likely require long-term treatment/services, medication, and support. You should expect that, once stabilized, a person who has been the subject of involuntary commitment proceedings will be discharged by the treating physician back into the community, where outpatient follow-up treatment (which may remain under Court jurisdiction) may continue for many months or even years. 

Involuntary Commitment Procedures:

The process of filing an involuntary commitment case begins once the individual is at a medical/treatment facility and the individual has been assessed by a qualified licensed physician, psychologist, or mental health professional, who has determined that the individual is in need of inpatient treatment on an involuntary basis. For our office to file a petition to determine a person to be mentally ill and subject to involuntary commitment for care and treatment, the following criteria must be met:  

  • The proposed patient is likely mentally ill, and;
  • the proposed patient is likely a danger to self or others, and;
  • the proposed patient lacks the capacity to make an informed decision concerning the need for care and treatment, and;
  • the proposed patient’s diagnosis is not solely alcohol or chemical substance abuse, antisocial personality disorder, intellectual disability, organic personality syndrome, or an organic mental disorder. 

For other commitment queries:

  • Contact the District Attorney's Commitment staff:

For mental health resources and/or immediate crisis needs: