​Last year, in a case involving a death row prisoner named Bobby Moore, the U.S. Supreme Court found that Texas’s framework for determining whether a prisoner had an intellectual disability, and was therefore not subject to execution, violated the Eighth Amendment. The Texas courts had relied on non-clinical criteria when determining whether Mr. Moore was intellectually disabled and the Supreme Court ruled that medical standards should be used. The Supreme Court’s majority decisionnoted that Mr. Moore had serious mental and social difficulties beginning in childhood that were not taken into account by the lower court.
 
If things had gone as they should, the Texas courts should have then applied the standard set out by the Supreme Court and found that Mr. Moore was intellectually disabled and not subject to execution. However, that’s not how things are working out in Texas.
 
Texas Pursues the Case
 
After the Supreme Court decision, the Harris County prosecutors changed their tune and asked for a life sentence, agreeing that Bobby Moore was intellectually disabled and should not be executed. The Texas Court of Criminal Appeals, supposedly applying a new standard, still determined that Mr. Moore was not intellectually disabled and could still be executed. Mr. Moore, who was convicted in 1980 for his part in the killing of a man during a botched robbery attempt, has been appealing his death sentence for decades. In October, Mr. Moore’s legal team once again appealed to the Supreme Court. After the prosecutors made the rare step of siding with the defense, the Texas Attorney General’s Office asked to take over, stating the prosecutors don’t represent the entire state of Texas.
 
A group of conservatives, prominent lawyers, and former deputy attorney generals have jumped into the case and filed a 24-page amicus brief criticizing the Texas Court of Criminal Appeals for disregarding the Supreme Court and noting that Mr. Moore is clearly intellectually disabled. It is unclear whether the Supreme Court will take up the case and reverse Texas's ruling.
 
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.

​According to the Oregon Attorney General, the number of people deemed “criminally insane” and who then went on to commit new crimes was too high. Oregon law places those deemed “criminally insane” into the hands of the state Psychiatric Security Review Board for a set time not to exceed the maximum sentence for the crime. The board is required to release people who are no longer considered dangerous because of a mental disorder or no longer have a mental disorder. Only about a quarter of those released are found to no longer be dangerous by a medical professional. 
 
High Recidivism Rates
 
A Malheur Enterprise-ProPublica analysiscalculated recidivism rates based on outcomes found in the Psychiatric Security Review Board records. The analysis found that 35% of people who were released from psychiatric supervision were charged with a crime again within three years. Most often they were back in a court in less than a year. Many were found to be homeless after leaving state supervision, despite the fact that securing housing is supposed to be a priority. The analysis determined that Oregon released people found not guilty by reason of insanity quicker than nearly every other state in the nation. The state board and not a team of mental health care professionals make the determination that someone is fit to be released. 
 
Solutions
 
Oregon officials are looking to extend the time that people are kept under the supervision of the Psychiatric Security Review Board to allow more time for people to receive the correct treatment. However, there may be other solutions that could mitigate the problem. The state should ensure that the treatment given to those under state supervision is of high quality and effective. Increased funding of mental health treatment programs and other assistance, once people are released from supervision, could go a long way toward improving outcomes. In addition, looking at the criminal justice system as a whole, increasing funding for housing and community mental health programs could help prevent the problem before it even begins. Involving mental health professionals in the decision-making process when it comes to releasing someone from supervision is also important. 
 
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.

​In November, a federal judge made a finding that the Illinois Department of Corrections (IDOC) has failed to meet the needs of its mentally ill prison population. Close to a third of the state's inmates is thought to have a mental illness, so it is critical that they receive the necessary care and attention while they are incarcerated.
 
2016 Settlement
 
After a lawsuit was filed in 2007 by former IDOC inmates, the state entered into a settlement agreement in 2016. As part of the settlement, the state was required to meet 25 requirements with regard to its treatment of inmates with mental illness. According to a monitor, the state failed to meet 18 of these 25 requirements. While there has been some important progress, the state is clearly not holding up its end of the bargain when it comes to improving care for inmates. 
 
One of the important issues that were brought to light was the need for adequate staffing. As part of the settlement, IDOC was required to hire a significant number of mental health personnel to provide better services to the inmates. IDOC failed to do so meaning that many inmates with mental illness were not receiving the proper oversight and care. IDOC has faced challenges in hiring adequate staff to work in the prison system. The state is currently short on the 65 psychiatrists it was required to hire and cites challenges in recruitment and retention as a source of the problem. 
 
IDOC has also faced problems with medication management, ensuring timely evaluations and treatment plans, and putting plans in place to deal with inmates in crisis. The judge found that a lack of proper monitoring of psychotropic medication created a dangerous situation for the inmates. He also found that mentally ill inmates in segregation fare worse than those in the general population. While IDOC has taken some steps, it is clear that further improvements are essential. 
 
Treatment of Inmates with Mental Illness
 
This ruling by a federal judge comes months after an incidentinvolving an IDOC inmate named Larry Earvin. Mr. Earvin, who had schizophrenia and bipolar disorder, died weeks after an altercation with prison guards. Mr. Earvin died from blunt abdominal trauma, and an investigation into the incident is ongoing. IDOC had a responsibility to ensure, not only that their employees acted appropriately, but that Mr. Earvin received all necessary treatment for his mental health conditions.  
 
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.