​Solitary confinement is routinely used in prisons as a punishment for disciplinary violations and, as a result, a disproportionate number of mentally ill inmates are placed in solitary. According to a Department of Justice report, the Federal Bureau of Prisons uses solitary confinement for mentally ill inmates at a high rate and that these inmates don’t get the treatment they need. Inmates with mental illness tend to be held in isolation longer than other inmates in federal prison. The problems prevail in state prisons as well. In South Carolinait was found that inmates who suffered from a serious mental illness were more than twice as likely to be placed in solitary confinement.
 
The symptoms of mental illness are often seen as reasons to place an inmate in solitary.  Suicidal threats and threats to other inmates are the most common reasons for placement in solitary confinement. Currently more than 4,000 inmateswith serious mental illness are in isolation. This number is likely on the low side given that many inmates with mental illness go undiagnosed and untreated. Inmates in isolation are held for 22 hours a day, often for 15 days or more.
 
Effects of Solitary Confinement
 
It is well known that the effects of solitary confinement can have a detrimental, and even deadly effect on anyone, especially inmates with mental illness. In a 2014 study, it was found that New York City prisoners placed in solitary confinement were 7 times more likely to engage in self-harm or suicide. While some inmates may be able to employ coping mechanisms while in isolation, those with mental illness often lack those skills and have more trouble adapting. 
 
In addition, prison rules for isolated prisoners sometimes means that inmates with mental illness don’t receive the mental health services they require. The majority of inmates who spend extensive time in solitary confinement experience some symptoms of declining mental health, even those who were mentally healthy to begin with. This fact highlights the destructive nature of solitary confinement on mental health. Without treatment, solitary confinement only exacerbates the symptoms of mental illness.
 
If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

​Due to a growing population of mentally ill offenders, and a high rate of low-level crimes, the city of Houston opened the new Judge Ed Emmett Mental Health Diversion Center in October. The Center, which opened in midtown several years ago, contains 29 beds meant to house non-violent offenders with mental illness. The aim of the facility is to provide an alternative to jail for these offenders by allowing them to seek treatment instead. The Center houses people for anywhere from a few hours to a few days.
 
Diversion Programs
 
Throughout the country there has been a trend to implement diversion programs in cases where offenders with mental illness commit low-level crimes. The goal is to prevent overcrowding in jails and provide appropriate treatment to prevent recidivism. Prison and jail tend to exacerbate the symptoms of mental illness and diversion programs can go a long way in curbing the problem.
 
Houston recognized that county jail was not always the appropriate place for offenders with mental illness. Some of the 9,000 individuals in lock-up had returned 70-80 times for offenses such as loitering and trespassing. Many of these offenders had a mental disability. While the program currently focuses on those offenders who have committed Class B misdemeanors, there is hope that it will expand to cover other offenses.
 
The Center was built as part of the Harris County Mental Health Jail Diversion Program. This program helped connect those with severe mental illness who were already behind bars with mental health treatment and other services. While a 2016 study found that the program only improved outcomes for a small fraction of offenders, authorities are hopeful that the program will improve on those results. The program is still a work in progress. 
 
In recent years, the county also began programs to keep offenders with mental illness out of solitary confinement while in prison or jail by offering them therapy instead. This is an important step since studies show that solitary confinement tends to exacerbate the symptoms of mental illness and that those with mental illness are more likely to be placed in isolation. 
 
If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

​In September 2018, the Alabama Supreme Court voted 5-4 to overturn the death sentence of a man convicted in a 2009 robbery and shooting that led to the death of a man. The ruling came after the United States Supreme Court ordered Alabama courts to reconsider the death sentence for Anthony Lane in 2015, stating that states cannot execute individuals with intellectual and developmental disabilities. The Alabama attorney general’s office conceded that the trial court should not have sentenced Lane to death and joined in the defense’s motion.  
 
Atkins v. Virginia
 
In the case of Atkins v. Virginia, the U.S. Supreme Court held that the execution of individuals with intellectual disabilities violated the Eighth Amendment ban on cruel and unusual punishment. The Court stated that the Eighth Amendment should be read in light on the “evolving standards of decency that mark the progress of a mature society.” The Court cited the fact that a number of states had begun to outlaw the execution of the intellectually disabled and saw a consistency in the direction of change on the issue. The Court left it to the discretion of individual states to set guidelines in determining whether an individual had an intellectual disability that would prevent their execution.
 
Hall v. Florida
 
In Hall v. Florida, the U.S. Supreme Court narrowed the standard states may use in determining whether an individual sentenced to death has an intellectual disability that would prevent execution. Florida had established a bright-line rule that anyone with an IQ over 70 was eligible for execution. The Court found that states had to go beyond IQ measurements in determining eligibility and stated that a rigid rule could lead to the execution of individuals with mental disabilities. A defendant must be able to introduce evidence in addition to IQ scores that show things such as the inability to learn basic skills and adapt to changes.
 
Anthony Lane
 
In the Alabama case, Lane had an IQ of 70 and it was undisputed that his intellectual functioning was significantly below average. The dispute in the lower courts centered around whether Lane had the requisite deficits in adaptive skills that would render him intellectually disabled. A medical expert determined that Lane lacked the fundamental social and practical skills that would make him eligible for execution. 
 
If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

​According to data from the Bureau of Justice Statistics, from 2011 to 2012 over 40% of jail inmates had a mental illness diagnosis. Of those, only about a third were being treated for the illness. Many of these individuals can be found in county jails across the country. As the justice system continues to criminalize those with mental illness, it places a significant burden on the county jails that house them. 
 
Unique Challenges
 
Unlike prisons that house inmates that have been convicted and sentenced for a crime, county jails are responsible for a mix of different types of inmates. Some inmates are awaiting trial while others are serving relatively short sentences. This can make it difficult to mandate programs for individuals who have yet to be convicted. Many county jails are also overcrowded and face budget shortfalls. The facilities simply do not have the resources to handle a population of inmates with mental illness.
 
Mental Health Screenings
 
County jails are on the front lines of the mental health crisis. They are often their communities’ largest mental health facility. Some jails are attempting to address the problem by increasing screening for mental illness during the intake of an inmate or when an issue arises. Once an inmate is identified as potentially having a mental disability, they are then referred to treatment from the community once they are released. Inmates are sometimes assigned caseworkers while in jail who can help them connect with treatment and navigate their release. The hope is that treatment will prevent the individual from returning to jail and help them integrate into the community.
 
Problems Continue
 
The reality of the situation is that many county jails are ill-equipped to handle inmates with mental illness and that some are unwilling to seek out a solution. Diversion programs that would prevent mentally ill individuals from even entering jail in the first place would go a long way toward relieving the issue. Increased funding for mental health treatment across the board could lead to individuals being identified as mentally ill before they even become involved with the criminal justice system. 
 
If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

In July 2018, an Austin, Texas woman faced the possibility of deportation after experiencing a mental health crisis. The woman went missing, and when police found her, she threatened to harm herself and appeared to have delusions. Rather than help her find mental health treatment, the police officers decided to handcuff the young woman. In response, the woman acted aggressively toward the police officers which lead to her arrest for assault on a public servant. After her arrest, U.S. Immigration and Customs Enforcement (ICE) put a hold on her. So instead of receiving the mental health treatment she so desperately needed, the young woman with schizophrenia was now facing deportation. ​

The Source of the Problem

ICE eventually dropped the hold on the young woman after pressure from multiple attorneys. But this young woman is not the first person with a mental disability to face deportation after a mental health crisis. The problem is that many jurisdictions send armed police officers into situations involving someone with mental health issues who may be acting erratically but are not committing a crime. These officers may not be trained on how to handle someone with a mental illness and often lose patience during a mental health crisis. Their tactics may escalate a situation that could otherwise be handled by someone with the proper training.

This escalation of a mental health crisis often leads to the arrest of the person having the crisis. The person may not respond well to the officers' tactics and act in a seemingly aggressive manner. Once the person is in the criminal justice system, they become subject to an ICE detainer which puts them face to face with the possibility of deportation. This is especially true in states like Texas where sanctuary cities have been prohibited, and ICE is contacted when someone is suspected to be undocumented.

Solutions

Mental health advocates say that the way to avoid deportations of those in a mental health crisis is to prevent arrests of those with mental illness and instead direct them toward treatment. Programs like the one in Dallas that pairs police officers with social workers and paramedics can be put into place to change the way first responders treat mental health crises. With trained professionals on the scene who can de-escalate a situation, fewer arrests will result, and fewer individuals will face deportation as a result of their mental illness.

If you or a loved one with a mental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

Attention deficit hyperactivity disorder (ADHD) is one of the most common mental disabilities affecting children. It is estimated that 8.4% of children and 2.5% of adults have ADHD. Individuals with ADHD suffer from hyperactivity, trouble paying attention, and impulse control issues. But do these factors lead to criminal behavior?

Link Between ADHD and Crime​

According to a 2010 study, more than 40% of long-term prison inmates were diagnosed with ADHD. Most of these prisoners were diagnosed with ADHD as adults. Another study found a link between childhood ADHD diagnosis and adult criminal activity.  The Yale study found that children diagnosed with ADHD were twice as likely to commit theft as an adult and 50% more likely to sell drugs. Up to two-thirds of young offenders in the criminal justice system screened positively for childhood ADHD.

Why is there a Connection?

ADHD symptoms include aggression, lack of impulse control, inattentiveness and poor emotional control. Without proper treatment, people with ADHD may not have a clear understanding of how to manage symptoms. Couple this with problems adjusting in childhood and going to a school that is not meeting the needs of a person with ADHD and it is easy to see how someone with the diagnosis may commit crimes.

Education and Treatment Help

While most people with ADHD do not commit crimes, it is still important for parents of children with the diagnosis make sure to properly educate themselves and their children about the symptoms and the available treatments. Parents should pay very close attention to children with the symptoms of ADHD and seek out a diagnosis sooner rather than later. Catching ADHD early can help families learn to deal with impulsiveness early and learn ways to manage symptoms.

Children and adults can learn to help control their symptoms and sometimes use them to their advantage. Families can educate themselves about ADHD by seeking a good psychologist who specializes in the condition. Joining a support group for people with ADHD can also be helpful in helping to learn ways to manage the condition properly. It is essential to be patient with ADHD and understand that finding the proper treatment can take months or even years.

If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.

After every tragic school shooting the national conversation turns toward gun control and better mental health treatment. It's an encouraging sign that lawmakers and policymakers want to increase the focus on mental health treatment, but is there really any evidence that better mental health care is the solution to school shootings?​

Can We Predict School Shooters Based on Mental Illness?

With sensationalist headlines and social media outcry, it might appear that mental health issues are a significant cause of school shootings. While there is some correlation between mental illness and mass shootings, most school shooters don't have a mental health diagnosis at the time of their violent acts. Loneliness is not a psychiatric condition. Rage is not a diagnosable mental illness. These are common characteristics of mass shooters. Other common characteristics include fascinations with firearms, drug and alcohol use, and difficult childhoods. Many students who are not shooters have these same characteristics. These may not act as red flags pointing to a treatable condition. It is also difficult to predict who will become a mass shooter even if all of these factors are taken into account. So what indicators do you use to pick a student out of a crowd and force them into treatment?

Associating mental illness with mass shootings increases the stigma against those with mental health issues. Looking at those with psychiatric conditions as potentially violent is misplaced. Mental illness is statistically a poor predictor of violent behavior. Individuals with psychiatric conditions are much more likely to be crime victims and not crime perpetrators.

Will Increased Treatment Help?

Focusing mental health treatment on an effort to predict school shooters misses the bigger picture. Many students suffer from difficulties and concerning behaviors, therefore better mental health treatment is clearly needed. This treatment should be used as a tool to protect at-risk students from harming themselves rather than as a way to identify and handle possible school shooters. Identifying students in crisis and offering them help may prevent future violent behavior but it should not be relied upon as a guarantee that school shooters will be stopped.
If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.

Several years ago in California, then Governor Jerry Brown signed a law that would allow judges to order community mental health treatment instead of prosecution for crimes committed by mentally ill individuals. While prosecutors and other critics of the law fear it could open a dangerous door when it comes to serious crime, it’s clear that something must be done about the increasing number of mentally ill prisoners on California. ​

Crisis in California

Over the previous three years, the number of mentally ill inmates in California jumped by 33%. Overcrowding of state hospitals and other treatment facilities led to many individuals who were declared incompetent to stand trial being placed in jail rather than receiving treatment. These individuals sit in jail indefinitely, not convicted of a crime but not able to leave because they have been charged with a crime. If they later become competent to stand trial, they may be convicted of a misdemeanor or a lesser felony and then released on the streets without being treated adequately due to prison overpopulation.

In a 2017 report, the Stanford Law School's Justice Advocacy Project found that 30% of California's prisoners were receiving treatment for a severe mental disorder such as schizophrenia, bipolar disorder, or psychotic disorder. The rising mentally ill prison population was a severe problem in California that needed to be addressed.

New Law

The law vastly increases the number of criminal suspects that can be diverted away from the criminal justice system and into mental health treatment. The law allows diversion for any suspect with a mental illness, including schizophrenia and bipolar disorder, even if they have committed serious or violent felonies. If a suspect can show that they have a mental disorder and that they do not pose an unreasonable risk to the public, they may be placed in the program. Criminal proceedings would be suspended, and the suspect would receive mental health treatment for up to two years. If a suspect successfully completes the diversion program and the judge believes that the offender is unlikely to commit another felony, the judge can dismiss the criminal charges.

Prosecutors across the state want to limit the program to individuals charged with misdemeanors and nonviolent felonies. They believe the law should be scaled back. But disability rights advocates and public defenders believe the law is necessary to combat the poor mental health treatment available in California jails and prisons.  The law leaves it up to the discretion of individual judges whether they believe an individual should be placed in the program.

If you or a loved one has a mental disability and has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental disabilities. To schedule a consultation call (509) 991-7058.

Police officers, firefighter, paramedics, and corrections officers have dangerous jobs and put their lives on the line every day. However, research shows that first responders are more likely to die from suicide than they are to die in the line of duty. First responders face on the job stress daily and experience being taken hostage, being threatened with guns, injuries or deaths of bystanders and co-workers, and watching people die. These critical events can take a serious toll on the mental health of first responders.

Rates of Mental Illness

A Canadian study published in 2017 surveyed 6,000 public safety personnel and found that substantial numbers of the study participants demonstrated symptoms of mental illness. The results indicated that 44.5% of the study participants screened positive for clinically significant mental health symptoms. This statistic is significantly higher than the 10% mental illness diagnostic rate among the general population. The most frequently indicated mental illnesses included post-traumatic stress disorder (PTSD), depression, and panic disorders. The highest rates of these illnesses were found among corrections officers.

The study shows that mental illness among first responders is a serious issue that deserves serious attention. There are obvious factors that could lead to the prevalence of mental illness, but are there adequate treatment options available to these individuals?

Treatment

Among many first responders, there is still a stigma associated with mental illness. These individuals feel that seeking treatment takes away from the perception that they are strong and tough in the face of adversity. They may feel that seeking treatment will put a blemish on their records and prevent them from achieving career advancement. For some, there may be a perception that honesty around mental illness is career-destroying.

Police departments, fire departments and prisons need to create a culture where getting treated for mental health issues is normalized and, in fact, expected of everyone. Departments should treat mental health no differently than physical health. Departments should provide high quality Employee Assistance Programs (EAP) and encourage employees to take advantage of them. In addition, departments should include training on mental health and wellness and make employees aware of available resources. ​

If you or a loved one with a mental illness or intellectual or developmental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.

It’s a common misperception in the media and society that people with mental disabilities are prone to commit crimes. A 2016 analysis by Johns Hopkins University found that more than a third of all news stories related to mental disabilities were linked to violence despite the fact that few violent acts can be attributed to mental disability.

Mental Illness

A more recent study published in July of 2018 in JAMA Psychiatry found that, in fact, people with mental illness are more likely to be the victims of crime rather than the perpetrators. The study estimates that one-quarter of all mentally ill individuals are the victim of a crime each year. That’s higher than the rate of violent victimization in general. The study showed that the greatest increase in danger was from violent crime. Men diagnosed with a mental illness had a 76% increase in likelihood that they would be the victim of a violent crime while women’s risk went up nearly three-fold.

These statistics, in contrast with data showing that those with mental illness make up a small number of violent offenders, demonstrate that there are greater risks that a mentally ill individual will be a crime victim than a criminal. Researchers hope that the study will improve understanding of the risk of victimization of the mentally ill and helped change public perception.

Intellectual and Developmental Disability

People with intellectual and developmental disabilities (I/DD) also face a high likelihood of being crime victims. While there is no way to determine exactly how many individuals with I/DD are the victims of crime since many crimes go unreported, researchers estimate that those with I/DD are 4 to 10 times more likely to be crime victims. Individuals with I/DD are seven times more likely to be the victims of sexual assault than the general population. They are more likely to be assaulted by someone they know and are often the victims of repeat assaults. Many of these crimes go unreported and unprosecuted because I/DD victims are frequently not understood or believed. This is in contrast to the lower number of those with I/DD committing crimes.

If you or a loved one with a mental illness or intellectual or developmental disability has been arrested or convicted of a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual and developmental disabilities. To schedule a consultation call (509) 991-7058.​