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.
4 Comments
Tamika Love
11/21/2022 05:48:22 pm
can you please help me
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Stacy Guidotti
2/14/2023 07:25:10 am
Hello Elizabeth,
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Ms.butler
5/13/2023 07:23:44 am
I have ex-husband in California has served 16 years he has met. All the treatments has finished all treatments and they still won’t release him back to Illinois. He is not from California never lived in California… and I need your help of getting him back to Illinois. he has not seen his grandkids when he went in. He had no grandkids but have grandkids now this California system is ridiculous and I need your help and can you please respond thank you.
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Allison
11/9/2023 03:29:30 pm
If you can please tell me if jails in Philadelphia are under same rule with mental health patients. My cousin was arrested for resisting arrest they razed her she hit her head and they put her in jail. It's been over 2 months and noone has been able to talk to her or even know if she knows where she is due to being uncompitaint to stand trail for the last 5 or 6 court dates they did a mental evaluation and she was sop to be moved to a mental facility since her crime should've been expunged the first week she was in there but due to her mental illness she has behavioral issues but they put her on meds then tried to put in picc but she keeps going back to medical until and they won't allow visits or calls. The pd talked to her once so far to do evaluation they said she could he moved but they said she refused but she's not in her right mind at all. It's horrible to go through this and not being able to even visit or when write it got sent back due to her switching back and forth between medical unit n general population. She was going to school to be. A lawyer but then he mom got cancer then she started having issues and has been in and out of mental health facility's for the past couple of years but on the other side a week before she ended up in jail the cops brought her home to make her dad give her her pot back and they actually made him give it to her and told him to let her back in the house. It's on video it's a ridiculous system they should've put her in jail that nite and she would've never gone out of the state she lives in to be thrown in jail looking for car to sleep in or cop to help her which they tazzed her and she hit her head. Noone knows why she's even in there for such a ridiculous crime compared to others. I have no clue how to help her I've been to the jail 5 times for visit which they allow u to make online then cancel it or when I was there last.told me I could visit but had to change went n got a t-shirt since I had a button down shirt on by yime I git back they said she wasn't aloud visits it was maybe 15min n I was back before the time of visit but they seem to be doing that to me each time then last time I was there someone rammed into the back of my car. I'm not sure if she even knows I've tried to c her since they seem to think it's funny that I was coming every week without being able to even have a visit due to being in medical unit which is where I made the visit for so it doeant make sense and I'm worried she's hurt or doesn't know what's happened and diesnt know anyone to help her since they put her on so many strong meds it's insane to think they can keep her there when she's not even charged
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