ELIZABETH KELLEY

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3/29/2019

New Federal Crime Bill Signed Into Law

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This past December, Congress passed the First Step Act, a law that takes modest steps to reform the criminal justice system. The law was supported by groups on both sides of the aisle including the American Civil Liberties Union and the Republican-backed Right on Crime. 
 
What Does the Law Do?
 
Overall the law makes federal sentencing less punitive. This could benefit individuals with mental illness and addiction issues. Important provisions of the First Step Act would:
 
  • Make retroactive the reforms of the Fair Sentencing Act of 2010 which reduced the disparity between crack cocaine and powder cocaine sentences at the federal level. This will lead to thousands of people being released from prison on the day the law goes into effect.
  • Ease mandatory minimum sentences
  • Increase the cap for “good time” credits that inmates can earn to reduce their sentences
  • Allow inmates to get “earned time” credits for participating in vocational and rehabilitative programs. These credits would allow inmates to be released early into halfway houses or home confinement. 
  • Force the Bureau of Prisons to place inmates in facilities within 500 miles of their loved ones which would help people maintain strong bonds with their families.
  • Improve the compassionate release program which allows terminally ill and elderly inmates come home
  • Ban the shackling of women who are pregnant in labor or post-partum
  • Provide women in prison with adequate feminine hygiene products for free.
  • Ban the practice of putting juveniles in solitary confinement
  • Increase funding for programming and classes
  • Reauthorize the Second Chance Act
Second Chance Act

The Second Chance Act is a law that supports state and local reentry programs aimed at reducing recidivism. It also helps provide people leaving prison with support services such as mental health care and substance abuse assistance. The Second Chance Act provides grants to state and local governments and nonprofit organizations to develop and implement programs to help incarcerated individuals successfully reintegrate into the community. 
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.

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3/22/2019

The Link Between Yoga and Mental Health

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For over 5,000 years, practitioners have known the secret that yoga makes you feel better. It has become a popular way to increase strength, improve balance, and enhance flexibility. We know that yoga is good for your body, but it is also very good for your mental health. Yoga practices can reduce the impactof exaggerated stress responses and may be helpful for those with depression and anxiety.
 
Natural Anxiety Relief
 
It is no surprise that yoga can reduce anxiety. Studiesshowthat yoga can be a powerful tool for calming your nervous system. Yoga lowers tension and promotes relaxation. It also helps regulate the breath and increase body awareness. In addition, yoga encourages mindfulness which in itself is effective in reducing anxiety. The breathing and meditation associated with yoga can take you out of the “fight or flight” mode that anxiety and panic bring about and help focus you in a more relaxed state. 
 
Yoga postures, known as asanas, can also help ease the physical discomfort associated with anxiety. Strengthening, lengthening, and balancing the muscles can help relieve the tension in the body that builds up as a result of anxiety.
 
Help with Depression
 
A recentstudyshowed that taking yoga classes twice a week could help relieve the symptoms of depression. Yoga postures coupled with controlled breathing had a mood-altering effect. Yoga can also help with depression because it can help you cultivate a more non-judgmental relationship with yourself. When you're depressed, it's easy to stop doing things for yourself, like eating healthy and exercising. Devoting even a small amount of time to yoga on a regular basis is an act of kindness towards yourself and treating yourself as someone worthy of being taken care of. You also learn to accept your body and its abilities. In addition, practicing yoga can help establish a sense of community and increase social attachments. This can lead to a better support system and help with feelings of loneliness associated with the symptoms of depression.
 
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.

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3/15/2019

Connecting First Responders to Mental Health Support

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​Police, EMS, firefighters and other first responders have rewarding and important jobs. However, first responders are often exposed to traumatic scenes that can affect their ability to cope. In the first responder community, there have been countless lives lost to suicide. In 2017, more firefighters lost their lives to suicide than in the line of duty. These suicides are often caused by an underlying mental health issue resulting from traumatic stress. 
 
There is evidence that first responders resist seeking mental health care because of the stigmatization and the fear of looking weak in their community. There is a fear of being the subject of ridicule and putting your job at risk by admitting that you need help. These issues are often perpetuated by those who lack a clear understanding of mental illness. It is important for the agencies where these officers work to support their employees and help them access the care they need. 
 
SAMHSA Resources
 
The Substance Abuse and Mental Health Services Administration (SAMHSA) has put together an online training coursethat addresses the occupational stressors faced by first responders. The course also addresses mental health and substance abuse issues including depression and post-traumatic stress disorder. In addition, it teaches healthy coping mechanisms. This online course should be utilized by police and fire departments in assisting their employees in recognizing mental health issues and encouraging them to find help. SAMHSA's websiteincludes a number of different trainings and resources. 
 
Employee Assistance Programs
 
The departments that hire and train first responders should also actively promote mental health awareness and work toward eliminating the stigma of receiving mental health care. Providing employee assistance programs can help change a department’s attitude towards mental health and give employees access to the care they need. 
 
Safe Call Now
 
Safe Call Nowat (206) 459-3020 is a 24/7 hotline specifically for first responders and their families. Callers to the hotline can speak confidentially to other first responders trained in mental health crisis counseling. These counselors can help with exploring treatment options for responders in a crisis. 
 
National Suicide Prevention Lifeline
 
The National Suicide Prevention Lifelineat 800-273-8255 is available 24/7. Calls to the Lifeline are confidential and trained crisis counselors can help you and provide you with information regarding mental health care providers in your area. 
 
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.

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3/8/2019

Ban on Execution of the Mentally Ill Considered by Virginia Legislature

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​The Virginia State Senate has approved a bill that, if enacted, would ban capital punishment for defendants suffering from severe mental illness. The Republican-controlled Senate passed the bill by a vote of 23-17. The bill now moves on to the House of Delegates which is comprised of 51 Republicans and 49 Democrats.
 
The Bill
 
The bill defines “severe mental illness” as “active psychotic symptoms that substantially impair a person’s capacity to (i) appreciate the nature, consequences, or wrongfulness of the person’s conduct; (ii) exercise rational judgment in relation to the person’s conduct; or (iii) conform the person’s conduct to the requirements of the law.” The bill specifically excludes disorders that manifest primarily in repeated criminal conduct or are "attributable to the acute effects of voluntary use of alcohol or any drug."  The "severe mental illness" determination would be made during the sentencing phase of a defendant's trial. The jury or the judge would be tasked with deciding, by a preponderance of the evidence, whether the defendant suffered from a severe mental illness at the time of the offense. If found to have a severe mental illness, a defendant would be sentenced to life in prison without parole in lieu of the death penalty. The bill would not prevent people with severe mental illness from being convicted of crimes.  
 
Virginia’s History of Executions
 
Virginia does have a history of executing individuals who may have had a severe mental illness. In July of 2017, Virginia executed William Morva, a man with a delusional disorder. Morva had been sentenced to death in 2008 for the 2006 murder of a security guard during an escape from custody. He asked for a commutation of his sentence based on a psychiatrist’s finding that he suffered from a severe mental illness. Morva’s attorney argued that he believed he was acting in self-defense at the time of the murder. Virginia governor Terry McAuliffe refused to commute the sentence.   
 
Virginia is second only to Texas in the number of executions it has completed since 1976. There has, however, been a sharp decline in recent years. There are currently only two men on death row, and no defendant has been sentenced to death since 2011. 
 
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.

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3/1/2019

Birth Months Linked to Higher Rate of ADHD

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​According to a studypublished in the New England Journal of Medicine, babies born in certain months have a higher rate of attention deficit and hyperactivity disorder (ADHD). The study found that children born in August are more likely to be diagnosed with ADHD than children born in other months.
 
Reasons for the Link
 
The study focused on children living in states where children must turn 5 before September 1stbefore being allowed to begin kindergarten. There are 21 states in the nation with this cutoff date. This means that children born in August in these states are usually the youngest children in their classroom. Some researchers believe this may be part of the problem. The study may actually demonstrate that there are developmental components to an ADHD diagnosis and that the immaturity of a child’s brain can cause them to demonstrate symptoms that may be linked to ADHD. 
 
A studyin Taiwan found that youngest children are significantly more likely to be diagnosed with ADHD than older children in the same class. The study also found that the prevalence of ADHD diagnoses decreased month by month from the youngest children to the oldest children in the class. Could this mean that a significant number of children are being misdiagnosed?
 
Ensuring a Correct Diagnosis
 
Many ADHD diagnoses result from a failure of the child to meet the behavior and performance expectations at school. By a certain age, most children have developed the skills necessary to pay attention, stay on task, and wait their turn in school. But classroom ages can span an entire year which means that some of the children in a given classroom have not yet reached these developmental milestones. The differences between the oldest and the youngest child in a class can be substantial. If children are being evaluated for ADHD, it is crucial that their behavior be compared to that of other children their age and not of other children in their classroom.  
 
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.

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​
Elizabeth Kelley, Attorney at Law
5 Columbus Circle, Ste. 710
New York, NY 10019
West Coast
Elizabeth Kelley, Attorney at Law
2525 E 29th Ave., Ste. 10-B #225
Spokane, WA 99223
phone: 509.991.7058
email: zealousadvocacy@aol.com
Nothing contained on this website is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel.
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