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5/29/2018 white house report: increased spending on inmate mental health reduces the cost of crimeRead Now
The White House Council of Economic Advisers (CEA) released a report in May on the economic costs of crime and the effectiveness of programs to reduce recidivism. The CEA found that, on average, programs that address the prisoner’s mental health or substance abuse problems may reduce the cost of crime by about $0.92 to $3.31 per taxpayer dollar spent on prison reform and long-run incarceration costs by $0.55 to $1.96, for a total return of $1.47 to $5.27 per taxpayer dollar. The CEA noted that the heaviest share of the crime burden is a result of high re-arrest rates and concluded to that the is evidence to support programs that focus on a prisoner’s mental health to prevent future crime.
The results of the study are not surprising and reiterate what activists, criminal justice professionals, and mental health professionals have been arguing for decades. Studies show that 26% of inmates in state and federal correctional facilities were diagnosed with a mental health condition and only 18% of those individuals were receiving treatment at the time of their arrest. The American Psychological Association estimates that the number of mentally ill inmates could be as high as 54%. Inmates who receive treatment for their mental illness while they are in prison are less likely to be rearrested. Pilot programs in states such as Texas that provide support to inmates both inside prison and when it is time for them to be released, have shown promising results. Expanding services to mentally ill inmates increases their ability to successfully reintegrate into the community, find housing and employment, and become productive citizens. Some inmates may never have received mental illness treatment until they were incarcerated which is why funding for community mental health care in general is also needed. Research shows that increased funding for community mental health programs can also save taxpayer dollars. Diversion programs that help mentally ill individuals get treatment before they even step foot in jail, can also be helpful and cost saving. These programs have garnered more interest across the country as a means of decreasing prison populations and reduce recidivism. If you or a loved one suffers from a mental illness and has been convicted of or arrested for a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual disabilities. To schedule a consultation call (509) 991-7058.
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People with intellectual and developmental disabilities (I/DD) are more likely to have encounters with law enforcement and are also more likely to have communication difficulties that can lead to misunderstandings, and sometimes tragic consequences. In 2013, Robert Ethan Saylor, a young man with Down’s Syndrome, was asphyxiated after an encounter with off duty Maryland police officers at a movie theater. Saylor’s caregiver pleaded with police to let her handle the situation when he refused to leave the theater. In 2012, Stephon Watts, a 15-year old boy with autism, was shot by police outside Chicago. In 2016, a Florida police officer shot an unarmed caretaker who was attempting to calm a man with autism. It is clear that more needs to be done to protect the rights and lives of people with I/DD and better training for police officers may be the solution.
Training for Law Enforcement After the death of Ethan Saylor, Maryland initiated a groundbreaking plan to provide training to law enforcement on the ins and outs of I/DD. Across the country, Crisis Intervention Training sometimes includes information regarding I/DD, but there is not enough training and the need is increasing. States and localities that utilize I/DD awareness training see fewer deaths and injuries among both officers and people with disabilities. Comprehensive training of law enforcement officers should include information on
Training for law enforcement across the board could improve interactions between police and people with I/DD and ensure the safety of everyone involved. Even basic training on how I/DD affects an individual’s ability to interact with others and respond to requests from law enforcement, can go a long way toward saving lives. Pathways to Justice™ The National Center for Criminal Justice and Disability (NCCJD) (an organization of which Elizabeth Kelley is co-chair) began an initiative called Pathways to Justice™: A Comprehensive Training Program for Law Enforcement, Victim Service Providers, and Attorneys on Intellectual, Developmental, and Other Disabilities. The program provides comprehensive, hands-on training materials to criminal justice professionals with the goal of raising awareness of the fact that people with disabilities are at a disadvantage in the criminal justice system. According to the NCCJD, proper training protects both the police officer and the rights and safety of the person with a disability. If you or a loved one suffers from a disability and has been convicted of or arrested for a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual disabilities. To schedule a consultation call (509) 991-7058. 
According to a 2017 study from the Bureau of Justice Statistics, inmates have higher rates of serious psychological distress than the general population of the United States. The study shows that 55% of male inmates and 73% of female inmates are mentally ill. In an attempt to reduce the number of inmates with mental illness, a bill has been introduced by State Senator Shirley Turner in the New Jersey legislature that would allow police officers to refer less serious criminals with mental health issues to treatment instead of court or jail. The idea of the bill is to divert people to treatment before they even set foot in jail.
Training for Police Officers The bill calls for the Police Training Commission to conduct a one-day class to provide police officers with the skills and knowledge necessary to recognize a mental health crisis and to divert an individual experiencing a crisis to the appropriate treatment. Police would be required to take a refresher course once every five years. The bill also recommends that at least 20% of uniformed patrol officers receive 40 hours of Crisis Intervention Team training. During both of these trainings law enforcement will be taught:
Diverting the Mentally Ill Under the bill, if law enforcement encounters an individual who exhibits behaviors indicative of a mental health crisis, instead of arresting the person and placing them in jail, the officer can take the person for a mental health screening and assessment. After an evaluation is performed, the officer would then have the discretion to decide whether a criminal complaint should be filed. Except in the cases of violent offenses and individuals who pose a risk to themselves or others, there is a presumption that the criminal complaint will not be filed or will be delayed until the individual receives behavioral health treatment. The bill also gives the district attorney’s office discretion to approve diversion after a criminal complaint has been filed. In addition, the proposal calls for the state Department of Health to coordinate with county governments to organize a Mental Health Services Coordinating Council to identify addiction support services — including organizations that can provide screening, treatment, and case management that will help law enforcement assist those who are eligible to avoid jail. If you or a loved one suffers from a mental illness and has been convicted of or arrested for a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual disabilities. To schedule a consultation call (509) 991-7058. 
A new Illinois law set to take effect this summer addresses women who suffer from severe postpartum illness and their legal culpability for criminal acts. The unprecedented act refers explicitly to postpartum depression or psychosis as a potential mitigating factor for judges to considering during the sentencing phase of a criminal case.
What is Postpartum Depression? Postpartum depression is a mood disorder that can affect woman after childbirth. Women with postpartum depression experience extreme sadness, exhaustion, and sometimes anxiety. Postpartum depression is believed to be caused by a number of different factors including the lack of sleep that comes with caring for a baby and a sudden drop in a woman’s hormone level after childbirth. Postpartum depression feelings last longer and are more intense than the “baby blues.” About 1 in 9 women experience postpartum depression. What is Postpartum Psychosis? Postpartum psychosis is a rare but very serious condition where women can lose touch with reality, creating an unsafe environment for the woman and her child. It occurs in .1-.2% of pregnancies. Women with postpartum psychosis experience paranoid delusions and rapid mood swings. They can also experience confusion and sometimes thoughts about harming their baby. Andrea Yates drowned her five children during a state of postpartum psychosis in 2001. Women with postpartum psychosis should receive immediate psychiatric treatment but sometimes fail to seek treatment on their own. Post-conviction Relief The law allows women who were convicted of a felony, but who did not have evidence of their postpartum mental illness considered during trial or at their sentencing hearing, apply for a post-conviction sentencing reduction. The idea for the law was brought to Illinois State Representative Linda Chapa LaVia, by Bill Ryan, retired Assistant Director of the Illinois Department of Family and Child Services. While visiting the Lincoln Correctional Center, Mr. Ryan encountered 20-30 women who were incarcerated for crimes they committed while suffering from postpartum illness. The law will allow these women to have a new sentencing hearing wherein evidence of their postpartum depression or postpartum psychosis will be taken into account as a mitigating factor. This new law provides hope for women with these severe illnesses and the possibility that they will receive treatment rather than punishment for their conditions. Contact an Experienced Criminal Defense Attorney If you or a loved one suffers from a postpartum illness and has been convicted of or arrested for a crime, you need an experienced criminal defense attorney on your side. Elizabeth Kelley specializes in representing individuals with mental illnesses and intellectual disabilities. To schedule a consultation call (509) 991-7058. 
For many people with autism, it can be hard to interact with other people. It can be especially challenging when people with autism encounter law enforcement personnel. People with autism can be slow to respond to questions or commands and may not understand an officer's request. Miscommunication in the face of law enforcement can have unfortunate, and sometimes deadly, consequences. Most police officers have little to no training on how to recognize, communicate with, and respond to individuals with autism while out in the field.
The advocacy group, Autism Speaks, encourages people with autism to bring cards or handouts to present to law enforcement and security personnel. But Texas has now made it easier for individuals to advise the police of possible communication challenges. In 2017, the Texas legislature passed a measure that would encourage people with autism to utilize the state’s “communication impediment code” to help alleviate any issues in communicating with law enforcement. What is a Communication Impediment Code? A communication impediment code is a notice placed on a driver's license or identification card that should notify law enforcement looking at the license that the person has a health condition that may impede their ability to communicate. The code is printed on the back of the license where it would not be evident to most people glancing at the license. To qualify for the communication impediment code, an individual must complete a Physician's Statement Form and submit it with their driver's license or ID card application. Registration for the code is entirely optional, so those worried about possible stigma do not have to apply. The communication impediment code, in conjunction with new police officer training initiatives, should provide some protection to people with autism in their interactions with law enforcement. Initiatives in Other States Texas's plan is not unique, and other states have taken measures to assist people with autism in communicating their condition to law enforcement. Arkansas recently passed a measure allowing individuals to apply for a communication impediment decal on their license or ID card. In Alabama and Florida, drivers who have been diagnosed with autism can carry separate identification cards to present to police. In Kansas, in addition to an indicator on their driver’s licenses, people with autism can have a decal placed on their license plates and a placard which they can place in their vehicles. What’s the Downside? While these programs are helpful to both people with autism and law enforcement, there can be stigma and assumptions that go along with a diagnosis. Law enforcement officers aren't the only people who see someone's driver's license. Under Texas's initiative, there is no indication on the license that the individual has an autism diagnosis, only that they have a communication impediment. The code is also not prominently displayed on the license. In other states, decals are affixed to the license which may draw more attention to the fact that someone has a health issue. The use of autism-specific identification cards clearly indicates to others the specifics of a diagnosis; however, the individual is not required to present the card to anyone if they choose not to. The key seems to be the voluntary nature of these programs and allowing an individual with autism decide how they would like to proceed. In addition, these initiatives should not be seen as a panacea. Law enforcement should still undergo training on how to identify people with intellectual/developmental disabilities and how to properly interact with them. If you or a loved one has autism 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 and intellectual disabilities. To schedule a consultation call (509) 991-7058. |
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