Decriminalizing Mental Illness

9781108826952

Reports reveal an increase in the number of individuals with serious mental illness in jails, prisons and forensic hospitals. Despite the wide-ranging and devastating consequences of this 'criminalization' of mental illness, there remains a lack of information on the subject as well as on the provision of care for these patients. This important new book fills a gap in the literature by examining topics such as: the history and policy factors related to criminalization; original research on forensic populations; pharmacological and psychological treatment strategies; and principles and guidelines for diversion out of the criminal justice system.

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Decriminalizing Severe Mental Illness by Reducing Risk of Contact with the Criminal Justice System, Including for Forensic Patients

Introduction
Prevention of Initial CJS Contact for Those with Severe Mental Illness
Reoffending Rates amongst Released Forensic Patients
Risk Factors for Reoffending Following Release from Secure Care
Conclusions
Disclosure
References

Kimberlie Dean, Sara Singh, and Yin-Lan Soon

Introduction

Amongst those with mental illness and a history of contact with the criminal justice system (CJS), “forensic patients,” constitute a small but significant subgroup. They typically have severe mental illnesses and have been charged with serious violent offences. As a group, they characteristically have complex mental health and other needs,¹ and concern about their risk of reoffending is a key consideration for those tasked with oversight of their treatment and detention. As a result, forensic patients often spend long periods in secure mental health facilities² and are often subject to high levels of supervision once judged to be safe to return to the community.

In many ways, the existence of this group of patients represents a failure of preventative mental health care – a criminalization of those with mental illness that lies at the extreme end of a spectrum of such criminalization. While diversion away from the CJS into mental health care following a serious index offence is a common outcome for those with severe mental illness, it can be seen as an act of diversion that has come late and at great cost, including for the victims of the serious violent offences typically committed. This review will consider the decriminalizing potential of efforts to prevent both initial and repeat contact with the CJS for those with severe mental illness, particularly for the subgroup of forensic patients.