Data from the s indicate that about 50 percent of state and federal prisoners identified as mentally ill have taken a prescribed medication and about 60 percent have received some form of mental health service. Dealing with high risk sex offenders in the community: Risk management, treatment and social responsibilities.
Separate dissenting opinion by Newman, J. In: Harrison, K.
The mentally disordered person may also behave violently or disruptively in the home, again occasioning intervention. Much deviant or rule-breaking conduct falls within the purview of both the mental health and criminal justice systems. The Guardian [online].
The amenable MDSO who is given the maximum term, is committed and recovers, is then returned to the courts for sentencing or other disposition, presumably could be required to serve the maximum term even though the crime committed was not an aggravated one.
Submit an Article. Prosecutors should not accept, without careful enquiry, any unjustified or unsupported assertions about risk if release on bail were to take place. Indeed, many insanity acquittees could benefit best from outpatient treatment, which is available in only a few jurisdictions.
If an offender is already the subject of a hospital order, or an interim hospital order, a prosecutor should ascertain whether or not a restriction order has been made and when the next review of that order is due to take place, in order to ascertain how long the offender is likely to be subject to that order.
Important caveat for practitioners: Addressing mental health needs should not be the only intervention goal. An assault, for example, may be treated as a misdemeanor, a symptom of mental disorder, or both. But motivated by continuing fears of alleged sexual predators and high-profile cases in which sexual offenders released from prison have committed horrendous offenses, since a substantial number of jurisdictions created new forms of commitment to respond to the danger some sexual offenders present.
Data from the s indicate that about 50 percent of state and federal prisoners identified as mentally ill have taken a prescribed medication and about 60 percent have received some form of mental health service. Major mental disorder may produce incompetence, but the latter, which is a legal standard, is distinguishable from disorder itself.
There is support for this claim: evidence from some jurisdictions shows that the length of insanity acquittal commitments is positively correlated with the seriousness of the crime charged, rather than with the acquittee's psychiatric condition, and insanity acquittees in general appear—although there are some problems with these data—to remain in the hospital about the same length of time as they would have been imprisoned for the crime charged.