A federal report noted that inmates in federal prison with mental illness spend more time in solitary confinement or restrictive housing than inmates without documented mental illness. While Bureau of Prison regulations prohibit the isolation of prisoners who show evidence of a significant mental disorder, the evidence indicates that the practice still remains in essence. There are some factors that can lead to mentally ill inmates being placed in solitary confinement and there is evidence that these inmates may suffer more as result of such punishment.
Factors Leading to Solitary Confinement With such high numbers of inmates suffering from mental illness, it has become a cliché that prisons are the new mental health facilities. Many inmates have a mental illness that goes undiagnosed or is not treated while they are in prison. Mental illness can manifest in strange behavior and rule breaking. Rule infractions can lead to punishment such as placement in solitary confinement. In addition, acts of self-harm and threats of suicide can lead mentally ill inmates to be placed in solitary confinement. According to the federal report, 29% of inmates demonstrating psychological distress have been put in solitary confinement. Exacerbation of Symptoms Sensory stimulation and social contact are extremely limited in solitary confinement. Inmates in solitary confinement are typically alone in their cells for twenty-three hours a day. These conditions can cause physiological and psychological distress for any inmate. Most inmates in solitary confinement experience some type of emotional, cognitive, or psychosis-related symptoms. Research has shown that spending time in solitary confinement makes people depressed, anxious, socially withdrawn, paranoid, and ultimately more violent. Longer stays in solitary confinement can exacerbate mental health issues that are already present. Symptoms such as anxiety, depression, paranoia, and even psychosis can become more pronounced due to isolation. This can lead to higher incidences of self-harm and suicide among inmates with mental illness. Limiting Solitary Confinement Some states have started limiting the amount of time that inmates with mental illness can stay in solitary confinement. The federal report cites six state department of corrections officers claiming that Massachusetts, Mississippi, and New York enacted at least a 30-day limit for solitary stays, and Colorado, Maine, and Pennsylvania have discontinued putting inmates with mental illnesses in solitary confinement. If you or a loved one has mental illness 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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3/28/2022 INDIANAPOLIS MOBILE CRISIS ASSISTANCE TEAMS HELP REDUCE ARRESTS OF THE MENTALLY ILLRead Now
Like many cities, Indianapolis faced an overburdened criminal justice system involving a high rate of people with mental health issues. The city of Indianapolis has a program to help with emergency calls involving mental health issues. The city was looking for better ways to deal with the problems presented by substance abuse and mental illness and the burdens placed on the criminal justice system. So the city established Mobile Crisis Assistance Teams (MCAT) to address the issues head-on.
Mobile Crisis Assistance Teams Each of the MCATs consists of a police officer, a paramedic, and a licensed mental health professional who is trained in how to de-escalate situations. The MCATs respond to crisis calls in the city’s East District involving mental health issues. These calls usually involve domestic violence, emotional abuse, or substance abuse. The MCATs dispatch themselves or show up at the request of first responders. The pilot program was established to help reduce the number of individuals brought to jail or the emergency room. The program aims to divert people away from the criminal justice system and towards behavioral health providers and social services. This would lessen the burden on first responders and relieve them from having to handle complicated and time-consuming emergency situations. Is the Program Successful? Researchers from Indiana University Public Policy Institute’s (PPI) Center for Criminal Justice Research collected and analyzed data from the first five months of the program’s operation. The research found that 59% of the calls the MCATs responded to involved mental health crises, followed by drug overdoses and threats of suicide. In 2/3 of their runs, the MCATs were able to relieve other first responders. The study found that MCATs were significantly more likely to transport a person to receive medical treatment rather than arresting them, with only 2% of their calls resulting in an arrest. While initial results from the program were very promising, the study noted that there was a still room for improvement. The most important factor that would help with the success of MCATs is the availability of long-term behavioral health treatment in the community for those individuals the teams encounter. Without these options, the impact of the MCATs can only go so far. If you or a loved one has mental illness 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.
After a number of violent crimes in the news were alleged to have been committed by individuals with autism spectrum disorder (ASD), including the school shooting in Parkland and others, many wonder if there is a link between autism and violent crime. There is a perception in the public that people with ASD are more prone to committing violent crimes. However, studies show that people with ASD alone are no more violent than the general population and that there may be other factors contributing to the association of ASD with violence.
Public Perception There is a belief that because people with ASD may lack social skills or can be socially withdrawn that they are hostile. People with ASD appear to have limited or no empathy for other people, and there is a public perception that this can lead to violent propensities. While it may be true that people with ASD can have behavioral difficulties, this does not necessarily mean they are prone to violent behavior. Swedish Study According to a study conducted in Sweden and published in the Journal of the Academy of Child and Adolescent Psychiatry, an ASD diagnosis alone does not increase the risk of violence. The study analyzed over 295,000 individuals, almost 6,000 of which had an autism diagnosis. Researchers tracked these individuals for violent crime convictions between the ages of 15 and 27 using criminal records. During the study, individuals with autism initially appeared to have a greater risk of violence, but the association was significantly reduced once the presence of other disorders was taken into account. The study concluded that the presence of attention-deficit/hyperactivity disorder (ADHD), conduct disorder, other psychiatric disorders, and substance abuse were better predictors of violent behavior. People with autism may have other disorders present which leads to the perception that autism is connected to violence. Once these other disorders were taken into account, the study showed that the rate of violence in people with only ASD was lower than the rate of violence in people without ASD. Therefore, the evidence indicated that having ASD may actually reduce the risk of violence. If you or a loved one has an intellectual or developmental 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 2002 court case, the U.S. Supreme Court ruled in Atkins v. Virginia that executing individuals with intellectual disability violated the Eighth Amendment prohibition against cruel and unusual punishment. The Court reasoned that offenders with intellectual disabilities had impairments in their abilities to logically reason, process information, control impulses, and learn from experience. These factors made them less morally culpable and more susceptible to a wrongful conviction. In cases across the country, states have now been tasked with finding fair and accurate ways of determining whether someone has an intellectual disability.
The Texas Case of Bobby Moore In 1980, Bobby Moore fatally shot a store clerk during a botched robbery attempt. A Texas jury convicted him of capital murder and sentenced him to death. Moore challenged his death sentence on the grounds that he was intellectually disabled and therefore not subject to the death penalty. A Texas habeas court found that pursuant to Atkins, and the 2014 U.S. Supreme Court case Hall v. Florida, Moore qualified as intellectually disabled and recommended that his death sentence be overturned. Before making its decision, the habeas court heard evidence from Moore's family, former attorneys, and some court-appointed mental health professionals. The evidence established that Moore had serious intellectual deficits beginning at an early age. Even as a teenager he had trouble telling time and following the days of the weeks. Moore eventually dropped out of high school and began living on the streets. The court consulted medical diagnostic standards and based its finding of intellectual disability on three accepted factors: 1) intellectual-functioning deficits (based on an IQ score—Moore’s was 70.66); 2) adaptive deficits (the inability to learn basic skills and adjust behavior to changing circumstances); and 3) the onset of these deficits while still a minor. Based on these factors the habeas court found that Moore was intellectually disabled. The Texas Court of Criminal Appeals (CCA) disagreed with the recommendation of the habeas court because the habeas court relied on a medical standard of establishing intellectual disability rather than the standard the CCA had set out in case law. The standard used by the CCA was based on an older medical standard and required that an offender’s adaptive deficits be related to his intellectual-functioning deficits. The CCA believed Moore’s adaptive deficits could be the result of his difficult childhood and history of drug abuse. The CCA also assessed Moore’s IQ score to not be low enough based on some tests he had taken where his IQ was higher than the 70 point cut off. In 2017, the U.S. Supreme Court overturned the CCA’s decision, finding that the CCA’s standard of establishing intellectual disability was flawed because it was not in line with current medical standards and the Supreme Court’s decisions. The case was sent back to the CCA for another determination on whether Moore was intellectually disabled. In June of 2018, the CCA upheld Bobby Moore’s death sentence, finding that he still did not meet the definition of intellectually disabled. The CCA used current medical standards for determining intellectual disability. The CCA found that Moore did not have enough adaptive deficits, citing the fact that he learned to read and write in prison and was capable of purchasing items from the prison commissary. The CCA put a great deal of weight on Moore’s progress in the contained death row environment where adaptive skills are not as necessary as they would be outside of prison. Moore will likely appeal his case back to the Supreme Court but, based on the current makeup of the Court, the likelihood of his death sentence being overturned seems slim. If you or a loved one has an intellectual 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.
Parole can be a stressful time for any former inmate.
Adjusting to life outside of prison can be an uphill battle of trying to find a job and housing, and attempting to reestablish relationships with family and friends to be a productive member of society. For someone with a mental illness, if they are not receiving the right treatment and support, parole can be even more difficult. Research shows that mentally ill offenders are overrepresented in parolee populations. Those with mental illness have more risk factors for parole revocation than a typical former inmate. If they are released from prison without a mental health referral or assistance with housing, the outcomes are not favorable. Parolees with a mental illness diagnosis and substance abuse issues are more likely to have their parole revoked due to either a technical violation or the commission of another crime. Corrections agencies are supposed to provide support and assistance for people reintegrating into society. But many of these agencies don't have the required resources to help everyone sufficiently, especially those with a mental illness that need extra assistance. Community-based programs can help fill in the gaps and provide specialized support with mental health treatment and housing placement. With this assistance, former inmates with mental illness may have better outcomes and a lower rate of recidivism. Parole Support and Treatment Program In response to this crisis, New York City’s Project Renewal has the Parole Support and Treatment Program (PSTP)to assist parolees with mental illness to adjust to life outside of prison. The program recognizes that parolees with mental illness face unique challenges such as dealing with the symptoms of their illness, finding suitable housing, and mending fractured relationships with friends and family. PSTP was established to help parolees with mental illness cope and adjust as they made the transition to life outside of prison. PTSP staff work with former inmates helping them find counseling and mental health treatment. They also provide life skills training and housing placement to assist the former inmates in reintegrating back into society. According to PTSP, 89% of the participants in their program move into permanent housing. If you or a loved one has a mental illness 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. 2/28/2022 white house report: increased spending on inmate mental health reduces the cost of crimeRead Now
A report from The White House Council of Economic Advisers (CEA) on the economic costs of crime and the effectiveness of programs to reduce recidivism 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.
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, the state of 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 was 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.
An Illinois law that took effect the summer of 2018 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 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. Additionally, 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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