​The men and women who honorably serve our country are true heroes. However, sometimes, these heroes return home changed people. The stress from the job, along with the difficulty of adjusting to civilian life, can have a serious impact on a veteran's well-being. In some cases, veterans come home with conditions like PTSD and substance abuse issues. A lack of support can place some of these veterans on the wrong side of the law.
 
Veterans’ Treatment Courts
 
Similar to drug courts and mental health courts, Veterans’ Treatment Courts seek to provide a better option for veterans who have been charged with a crime. The goal of these courts is to help veterans in trouble with the law regain stability, mental health, and sobriety. The courts are a way of diverting veterans from the typical criminal justice system and offer them assistance with the factors that may have led to their crime. Veterans are linked to community-based services to assist with addiction and mental health issues. They are also given access to agencies that specialize in veterans’ affairs.
 
In New York, Veterans' Treatment Courts take a team approach to address the needs of the veterans. Mental health providers, addiction counselors, veteran's affairs agencies, and peer mentors all work together to assist the veterans. Peer mentors are a critical part of the team approach. They are individuals who have military service and work toward helping fellow veterans in the criminal justice system. Veterans' Treatment Courts have been very successful in assisting veterans and preventing recidivism and future involvement with the criminal justice system.
 
Expansion
 
There are currently 33 Veterans’ Treatment Courts throughout the state of New York. These courts have been very successful, but more work needs to be done. There are currently 37 counties in New York that do not have a Veterans’ Treatment Court. Some counties lack the resources to support these courts. New York is now looking to change the law to allow criminal cases involving veterans to be transferred to a Veterans’ Treatment Court in an adjacent county. This could go a long way to helping even more veterans get their lives back on track.  
 
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.

​In June of 2019, the Ohio House passed a billthat would end the use of the death penalty on individuals who suffer from severe mental illness. The bill received bipartisan support and is the result of a task force that reviewed the state’s administration of the death penalty. 
 
Severe Mental Illness
 
Under the bill, severe mental illness includes conditions such as schizophrenia, schizoaffective disorder, bipolar disorder, and delusional disorder. If an offender suffers from one of these conditions at the time they committed the crime, they could avoid the death penalty. 
 
In Ohio, individuals who commit aggravated murder are subject to the death penalty. If a defendant argues that they suffered from a serious mental illness at the time of the aggravated murder, a court can order a psychological evaluation. If the person is ultimately found guilty of aggravated murder, they may be sentenced to life without parole instead of the death penalty if it is found that they had a serious mental illness at the time.
 
Opposition to the Bill
 
The Ohio Prosecuting Attorneys Association has been opposed to the bill. They believe that there are already safeguards in place to help people with mental illness or developmental disabilities from being subject to the death penalty. They believe that the bill would only help those whose mental illness is so minor that they failed to create reasonable doubt in the minds of a jury that they were not guilty by reason of insanity.
 
Moving Forward
 
The bill is intended to be retroactive. This means that individuals who are currently on death row in Ohio can seek an evaluation regarding their mental health and have their sentence reduced to life without parole. There are currently 142 people on death row in Ohio. Ohio executions are currently on hold as officials search for a new means of administering the death penalty. A federal magistrate ruled that the old three-drug cocktail method was unconstitutional.
 
House Bill 136 now moves to the Ohio Senate for consideration.
 
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 illnesses. To schedule a consultation call (509) 991-7058.

​All parents get anxious when their teen driver gets behind the wheel. Car accidents are the number onecause of death for teens. However, parents of teens with attention-deficit/hyperactivity disorder (ADHD) may have even more to worry about. A new studyin the Journal Pediatrics found that teen drivers with ADHD have a higher risk of being involved in a crash and are more likely to get traffic tickets.
 
Higher Risk
 
The study found that in the first month of driving, a teen with ADHD is 62% more likely to be involved in an auto accident than other teen drivers. The study also showed that over the course of four years, teen drivers with ADHD were two times more likely to be involved in an alcohol-related crash than a teen driver without ADHD. It was also discovered that teen drivers with ADHD were more likely to get traffic tickets for infractions such as driving distracted, speeding, and failing to wear a seatbelt. Around 36% of drivers with ADHD received a traffic ticket compared to 25% for drivers without ADHD.
 
Reasons for the Risk
 
There are a number of reasons related to an ADHD diagnosis that can contribute to the increased driving risk. ADHD symptoms include hyperactivity, impulsivity, and issues with attention and focus. As a result, many of the necessary skills needed for safe driving are lacking in teens with ADHD. It is clear that a teen driver with ADHD would be more prone to distraction while driving and would be more likely to engage in risky, impulsive behaviors.
 
Reducing the Risk
 
There may be a need for significant intervention at the driver training stage for teen drivers with ADHD in order to reduce the risk of accidents and tickets. Parents should get involved early and ensure that their teen has plenty of practice behind the wheel. In addition, driver education programs should be modified to emphasize the importance of avoiding distraction and risky behavior. If a teen lacks good judgment and is not mature enough to handle driving, then parents should not be afraid to discourage their teen from driving. In addition, parents can limit distractions by forcing their teen to turn off their cellphone while driving and discourage them from driving with teen passengers, can also help reduce the danger. 
 
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 illnesses. To schedule a consultation call (509) 991-7058.

​For individuals with mental disabilities, encounters with law enforcement can quickly escalate into serious situations. Issues with communication can exacerbate the problem. Individuals with communication barriers can be arrested or even become the victims of the use of force by a police officer solely as a result of their disability. The passage of Ohio’s House Bill 115hopes to help avoid dangerous situations between police officers and individuals with communication disabilities.
 
Communication Disability Registry
 
Under the law, which went into effect in August of last year, any individual with a disability that affects their communications skills can voluntarily submit a verification form which would identify them as having a communication disability. The form requires a physician’s signature verifying the communication disability and a parent’s signature if the individual is under 18 years old. This information is placed in the Law Enforcement Automated Data System (LEADS) and made available to all state and local law enforcement officers. When a police officer runs an individual’s driver’s license or license plate, the information about the communication disability should be indicated. Only general information about the communication disability is disclosed and not the diagnosis of the individual.
 
Communication disabilities can range from hearing impairment to conditions such as PTSD and autism. These conditions are not always understood by law enforcement officers and can become barriers to effective communication. The availability of a registry identifying an individual's communication issue can go a long way toward preventing the escalation of law enforcement interactions. However, along with the information in the registry, law enforcement needs to be given the proper training on how to interact with individuals who have communication disabilities.
 
Participation in the registry is entirely voluntary, and Ohio is taking steps to increase awareness of the program. Law enforcement and other agencies have used social media and other avenues to spread the word. The program will only have a significant impact on the quality of police interactions if it is utilized in a widespread manner.
 
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.

​Mental health on college campuses has gained more awareness. An increasing number of college students suffer from mental health issues and require help from professionals. A 2014 National Survey of College Counseling Centersfound that 52% of the respondent’s clients had severe psychological problems. As a result, colleges are expanding services for students battling conditions such as depression and anxiety. Better and accessible screening, as well as earlier diagnosis, are important factors in improving the quality of mental health care on college campuses.
 
Accessible Screening and Services
 
Late adolescence and early adulthood are times when many mental health issues begin to manifest. Therefore, in addition to adjusting to college life, many students are coping with the onset of conditions such as depression, schizophrenia, and bipolar disorder. Many students may not know what is happening to them, and it is important for college campuses to conduct screenings to determine whether a student is in need of help. On-campus screenings for possible depression and other conditions can help point students towards services.In addition, access to crisis care can be essential to students with mental disabilities. Crisis hotlines staffed with after hour counselors can be used to triage issues and direct students in crisis to the services they need.
 
The most important quality in mental health services on campus is accessibility to all students. Many campuses simply don't have enough staff to accommodate the students who need help, and students languish on waiting lists. Ensuring that mental health centers have adequate numbers of properly trained staff to help students is an essential duty of any college campus.
 
Early Diagnosis
 
In addition to accessibility, it is important that the staff in campus mental health centers are adequately trained to recognize the symptoms of serious mental illness in college students. Individuals with conditions such as depression, schizophrenia, and bipolar disorder benefit from early treatment and diagnosis. Delayed diagnosis can lead to serious problems with academics and social skills and can lead to college students failing to succeed. If staff are adequately prepared to treat the mental illness of college students, they should have the capability of referring students to providers in the community who can help.
 
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.

​It has become a cliché to say that the jail and prison systems in the United States have become the largest mental health facilities in the country. Mental illness runs rampant throughout correction facilities, and frequently county jails become dumping grounds for those with mental illness. Most jailers don't have the appropriate training to handle inmates with mental illness, and this can result in tragic consequences. Texas has initiated a mental health training program that can hopefully give jailers better tools for dealing with the unique challenges presented by inmates with mental illness.
 
Training Program
 
At the Brazos County Detention Center, jailers from four Texas counties underwent training on techniques for dealing with inmates who have mental disabilities. Master trainers from the Sheriff’s Office, along with a case manager from the Mental Health Mental Retardation Authority (MHMR) helped to conduct the training which had been developed by the National Institute of Corrections and the Correctional Management Institute of Texas.
 
During the training, actors were used to help demonstrate the situations jailers may encounter with a prisoner with mental illness. In one instance an “inmate” told the jailer that he wanted to be moved to a different cell because the loud sounds of the slamming doors were hard for him to deal with. The jailer spoke calmly to the “inmate” and quickly determined that the “inmate” was a military veteran suffering from PTSD. The jailer was then taught techniques on how to be empathetic and helpful to the “inmate” rather than dismissive. 
 
The officers undergoing these training sessions hope to become certified for serving on jail crisis intervention teams. Brazos County’s jail currently has two or three crisis trained deputies on every shift to help handle escalated situations often involving inmates with mental disabilities. These crisis intervention teams meet once a week to discuss the special needs of the inmates and those who have mental health and behavioral issues. 
 
While Brazos County has made real strides towards training their jailers on how to address the needs of mentally disabled inmates, the program is not widespread enough. Jails across the country need to provide comprehensive training to their officers on how to handle crisis situations and the special needs of these inmates. 
 
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 illness or intellectual/developmental disability. To schedule a consultation call (509) 991-7058.

​Many individuals with mental disabilities have issues communicating properly or acting socially appropriately in a given situation. These communication issues can be especially problematic if a disabled individual encounters law enforcement or other first responders. The police often have no way of knowing that someone has a mental disability and often have no training on how to recognize a disability. 
 
Although it may appear that an individual is refusing to comply with an officer’s orders, it is sometimes the case that the person doesn’t understand the order or doesn’t know how to comply. A person may be acting strangely or erratically, and a police officer may interpret this behavior as aggression. Situations involving law enforcement and those with mental disabilities can have tragic and even deadly results.
 
Bridging the Communication Gap
 
Steven Mase and G.L. Hoffman worked closely with a police officer in Minnesota, parents, and caretakers of individuals with mental disabilities, and other members of the community in developing an app that could help bridge that communication app between people with mental disabilities and first responders. The Vitals mobile app promotes safer interactions by allowing authorized personnel to view a personalized digital profile of individuals with conditions that may affect their communication abilities. 
 
The information on the app is specific to the individual which is very important because every individual with a mental disability is different. The Vitals app pairs with a Bluetooth beacon that an individual wears that sends a signal to the law enforcement officer who also has the app. The information transmitted to the app includes the individual’s name, contact information, and condition. It also includes important information about known triggers and helpful de-escalation techniques. The app also allows a family member or caregiver to upload a video message directed to the individual with the disability letting them know that law enforcement is here to help. 
 
Developers of the Vitals app are hopeful that with widespread use it can change the tone of interactions between law enforcement and people with mental disabilities. The app is currently being used by 1,800 individuals and 60 law enforcement agencies in Minnesota. The app will hopefully expand to other states soon.  
 
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 illness or intellectual/developmental disability. To schedule a consultation call (509) 991-7058.

The U.S. Food and Drug Administration (FDA) has approved the first medical device to help children with attention-deficit/hyperactivity disorder (ADHD). The Monarch external Trigeminal Nerve Stimulation (eTENS) system is available for children with ADHD aged 7 to 12 who are not currently taking medication. The device offers the first non-drug treatment for the condition. 
 
What is ADHD?
 
ADHD is a common condition that can be difficult to manage and begins in childhood. Symptoms of ADHD include difficulty focusing, inattention, impulse control issues, and increased physical activity. To be diagnosed with ADHD a person must demonstrate persistent inattention and hyperactivity that has a long-lasting effect and interferes with their daily life. 
 
The eTENS System
 
The device requires a prescription and is intended to be used under the close supervision of a caregiver. It is about the size of a cell phone and is designed to generate a low-level electrical pulse to the trigeminal nerve from a wire to a small patch placed above the child’s eyebrows. The trigeminal nerve then sends therapeutic signals to the parts of the brain that are believed to affect ADHD. The child may feel a tingling sensation when the device is working. The device is intended to be used at home while the child is sleeping.
 
Clinical trials of the device have indicated that it may take up to four weeks to begin working properly. A test showed a significant improvement in ADHD symptoms for those patients who used the device for four weeks or more. Side effects of the device include drowsiness, increased appetite, and trouble sleeping. Long term side effects are not currently known because the device is so new. The device should not be used by children under the age of 7 or those that have pacemakers or active implantable neurostimulators.
 
The eTENS system is currently available in Canada, Australia, and Europe and has been used as a device to treat depression. No U.S. release date has been advertised yet. The system is not currently covered by insurance. 
 
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 illness or intellectual/developmental disability. To schedule a consultation call (509) 991-7058.

Dementia in prison is a rapidly growing problem that most prisons are not equipped to handle. The increasing population of inmates over the age of 65 has led to unique challenges in the prison system. It is estimated that 20% of inmates over the age of 50 suffer from some type of cognitive decline. As inmates in prison age, they experience the same issues, in some cases to a greater degree, that those who are aging on the outside experience.
 
Proper Training and Care
 
Dementia refers to a decline in mental ability that affects one's day to day life. Individuals with dementia are often confused and have poor memory and cognitive skills. People with dementia require specialized care to help them handle their day to day needs. Due to the confusion they experience, people with dementia frequently act out in ways that are not socially acceptable. This can be especially problematic in a prison setting.
 
Corrections officers don’t typically receive training on how to handle the unique challenges presented by prisoners with dementia. These prisoners may not be able to properly take care of their daily needs or even have the ability to feed themselves. Corrections officers are not trained to provide the proper care needed.
 
Solutions
 
One approach to the prevalence of dementia in the prison system is the development of units within the prison that are specially designed for dementia patients.  States like Californiahave been working towards putting these units in place. California currently relies on volunteer inmates as part of their Gold Coat Programand other staff to help those with dementia, but it has been a difficult road. Prisoners with dementia often require around the clock care which is something that prison may not be equipped to handle. They need to be treated in a unit that is more like a nursing home setting. Costs of these units run high, however, and states may not see them as feasible alternatives. However, it is important that dementia patients are treated appropriately for the health and safety of all prisoners. 
 
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 illness or intellectual/developmental disability. To schedule a consultation call (509) 991-7058.

It is an unfortunate reality that dementia can happen to anyone later in life. Conditions such as Alzheimer’s and other forms of dementia are common. It is estimated that 5.8 millionAmericans suffer from Alzheimer’s disease. It’s a devastating disease that wreaks havoc on families and communities. 

What is Dementia?

Dementia is a loss of cognitive functioning that affects a person’s daily life. Dementia affects a person’s ability to think, remember, and reason. Skills such as language, reasoning, self-control, and memory can all become seriously impaired. Dementia is not a normal part of aging. It happens when neurons in the brain stop working, lose the connections with other brain cells, and die. 

Dementia and Crime

Dementia can have a profound effect on an individual’s personality and ability to function in society. People who would never commit a crime may find themselves on the wrong side of the criminal justice system. Criminal behavior that starts in mid to late life may be a sign of dementia. People with dementia are often confused and may lash out when they don’t understand what is happening to them. When your 70-year-old aunt, who would never hurt a fly, hits someone at the grocery store, chances are some form of dementia is involved. 
A 2015 studypublished in the Journal Neurology, found that new, late-onset criminal activity could be a sign of dementia. The study also found that the types of crimes committed varied among dementia patients. The study found that 8% of the Alzheimer's patients studied had been involved in the legal system. Often their crimes involved things like trespassing on private property, traffic violations, or shoplifting. Anti-social behaviors such as public urination and fighting occurred with other forms of dementia such as frontotemporal dementia.

Criminal Responsibility

The question for our criminal justice system becomes whether those with dementia who commit crimes should be held criminally responsible for their actions. Confusion, lack of impulse control, and lack of memory may indicate that people with dementia who commit crimes are not aware that their actions are criminal. Individuals who have dementia lack the state of mind to be held responsible for their crimes and should be treated and cared for, not placed in the criminal justice system. 
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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.