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Criminal Justice/Mental Health Consensus Project

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Criminal Justice/Mental Health Consensus Project The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Criminal Justice/Mental Health Consensus Project Author(s): Council of State Governments Document No.: 197103 Date Received: 10/29/2002 Award Number: 2002-DD-BX-0002 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. police chiefs | consumers | pretrial service administrators | probation officials | state legislators | substance abuse providers | state corrections directors | judges | district attorneys | families | parole board Criminal Justice / Mental Health members | county executives | public defenders | crime victims | state corrections directors | prosecutors | mental health Consensus Project advocates | court administrators | mental health providers | researchers | jail administrators | sheriffs | correctional mental health providers | state mental health directors | victim advocates | parole officials Criminal Justice / Mental Health Consensus Project Coordinated by Council of State Governments Project Partners Association of State Correctional Administrators (ASCA) Bazelon Center for Mental Health Law Center for Behavioral Health, Justice & Public Policy National Association of State Mental Health Program Directors (NASMHPD) Police Executive Research Forum (PERF) Pretrial Services Resource Center (PSRC) June 2002 Copyright © 2002 Council of State Governments EASTERN OFFICE Before October 1, 2002 After October 1, 2002 Council of State Governments / Eastern Regional Conference Council of State Governments / Eastern Regional Conference 233 Broadway, 22nd Floor 170 Broadway New York, NY 10279 18th Floor Phone: (212) 912-0128 New York, NY 10038 Fax: (212) 912-0549 Phone: (212) 912-0128 Web site: www.csgeast.org Fax: (212) 912-0549 Web site: www.csgeast.org NATIONAL HEADQUARTERS Council of State Governments 2760 Research Park Drive P.O. Box 11910 Lexington, Kentucky 40578 Phone: (859) 244-8000 Fax: (859) 244-8001 Web site: www.csg.org ISBN#: 0-87292-896-9 Designed by David Williams This report was prepared by the Council of State Governments in collaboration with the Association of State Correctional Administrators, the Bazelon Center for Mental Health Law, the Center for Behavioral Health, Justice & Public Policy, the National Association of State Mental Health Program Directors, the Police Executive Research Forum, and the Pretrial Services Resource Center. The Criminal Justice / Mental Health Consensus Project was supported by grant number 2002-DD-BX-0002, awarded by the Office of Justice Programs, U.S. Department of Justice and grant number 01 M008529-01- D, awarded by the Center for Mental Health Services, Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services. The Consensus Project also received support from the van Ameringen Foundation, the Melville Charitable Trust, the Robert Wood Johnson Foundation, the MacArthur Foundation, and the Open Society Institute, and Pfizer, Inc. and Eli Lilly, Inc. Points of view, recommendations, or findings stated in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice, the U.S. Department of Health and Human Services, the other project supporters, or the advisory board members who provided input into this document. ii Criminal Justice/Mental Health Consensus Project Preface The Criminal Justice / Mental Health Consensus Following two meetings of a focus group compris- Project is an unprecedented national, two-year effort to ing various criminal justice and mental health stake- prepare specific recommendations that local, state, and holders in 1999, project partners established four advi- federal policymakers, and criminal justice and mental sory boards. Collectively, these advisory groups included health professionals can use to improve the criminal jus- more than 100 leading state lawmakers, police chiefs, tice system’s response to people with mental illness. officers, sheriffs, district attorneys, public defenders, The goal of this project has been to elicit ideas from judges, court administrators, state corrections directors, some of the most respected criminal justice and mental community corrections officials, victim advocates, con- health practitioners in the United States, to develop rec- sumers, family members and other mental health advo- ommendations that reflect a consensus among seemingly cates, county commissioners, state mental health direc- opposing viewpoints, and to disseminate these findings tors, behavioral health care providers, substance abuse widely so they can make the greatest possible impact on experts, and clinicians. A complete list of advisory board a national problem that affects every community. members appears on the following pages. In addition to Throughout the project, every effort has been made to the insights of these experts, the project benefited from provide concrete, practical approaches that can be tai- surveys and document reviews that project partners con- lored to the unique needs of each community. ducted to identify relevant efforts from the field. The Council of State Governments (CSG)—in part- The policy statements, recommendations for imple- nership with the Police Executive Research Forum, the mentation, and program examples described in this re- Pretrial Services Resource Center, the Association of port are important products of the Consensus Project. State Correctional Administrators, and the National The true value of this initiative, however, will be the Association of State Mental Health Program Directors— extent to which policymakers replicate in their jurisdic- coordinated this project. The Bazelon Center for Mental tions the substantive bipartisan, cross-system dialogue Health Law and the Center for Behavioral Health, Jus- that this project has fostered, and the extent to which tice & Public Policy provided CSG with extensive and agents of change—whether elected officials, criminal jus- valuable assistance. Together, representatives of these tice and mental health professionals, or community lead- seven organizations made up the Steering Committee ers—implement the practical, specific suggestions con- for this project. tained in this document. Criminal Justice/Mental Health Consensus Project iii Contents Acknowledgements ........................ vi PART ONE Law Enforcement Select Events on the Advisory Board ..................... xiii Criminal Justice Continuum 22 Courts Advisory Board................... ix Corrections Advisory Board ............ x CHAPTER I Involvement with the Mental Health System... 26 Mental Health Advisory Board...... xi Policy Statement Executive Summary ...................... xii 1. Involvement with the Mental Health System ................................... 28 Introduction ............................... 2 CHAPTER II The Problem .................................. 4 Contact with Law Enforcement ........................ 34 Reasons for Hope .......................... 9 How to Use this Report............... 10 Policy Statements 2. Request for Police Service................................................................. 36 Getting Started ........................... 13 Next Steps ................................... 21 3. On-Scene Assessment ....................................................................... 40 4. On-Scene Response .......................................................................... 50 5. Incident Documentation ................................................................... 64 6. Police Response Evaluation ............................................................... 68 CHAPTER III Pretrial Issues, Adjudication, and Sentencing 72 Policy Statements 7. Appointment of Counsel .................................................................... 74 8. Consultation with Victim .................................................................... 78 9. Prosecutorial Review of Charges ................................................. 82 10. Modification of Pretrial Diversion Conditions ................................. 86 11. Pretrial Release/Detention Hearing .................................................. 90 12. Modification of Pretrial Release Conditions .................................... 98 13. Intake at County/Municipal Detention Facility.............................. 102 14. Adjudication ...................................................................................... 112 15. Sentencing......................................................................................... 116 16. Modification of Conditions of Probation/Supervised Release .... 120 CHAPTER IV Incarceration and Reentry ............................... 126 Policy Statements 17. Receiving and Intake of Sentenced Inmates.................................. 128 18. Development of Treatment Plans, Assignment to Programs, and Classification/Housing Decisions ........................................... 136 19. Subsequent Referral for Screening and Mental Health Evaluations ..................................... 152 20. Release Decision..............................................................................
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