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 Mental Illness: Specialized Policing Responses

Introduction
Law Enforcement/First Responder Diversion Models
Sequential Intercept Model/Community-Based Mapping
Community Education
911 Call Diversion and Other Non-Law Enforcement Strategies
De-escalation of the Incident by Disengaging Law Enforcement from the Crisis
Assisted Outpatient Treatment: A Community-Based Approach
Treatment Beds versus Jail Beds
Conclusion
Acknowledgments
Disclosure
References

Charles Dempsey, Cameron Quanbeck, Clarissa Bush, and Kelly Kruger

Introduction

The criminalization of persons suffering from a mental illness continues to be a urgent public health concern, a resource-draining criminal justice problem, and an overarching societal issue, not only in the state of California, but also across the United States and the world. With the advent of deinstitutionalization, which was codified by the Lanterman–Petris–Short Act (Cal. Welf and Inst. Code, sec. 5000 et seq.) in 1967 in the State of California and subsequent legislation across the nation, states could no longer simply lock a person with mental illness away in a mental health facility or sanitarium, which violated their constitutional right to due process. The intent of the Lanterman–Petris–Short Act was to move away from the numerous state-run institutions and create a community-based treatment model, providing mental health services in least restrictive environments. Although the intent of deinstitutionalization had its merits, it created an unfunded mandate, and then a capacity crisis at most psychiatric emergency departments and medical emergency rooms across the country. Deinstitutionalization shifted access to mental health services and treatment predominantly to “first responders,” who became the primary means by which persons in a mental health crisis were contacted, de-escalated, detained, and transported for mental health treatment.¹