Restoring Incompetent Inmates

Male_silhouette_o
Lindy Funkhouser Assistant County Administrator
Pima County, Arizona
8/27/2010 3:45pm

Incompetent inmates awaiting trial often require expensive hospitalization and are detained for lengthy periods. Our jurisdiction has developed an efficient and effective method for treating incompetent inmates who do not require hospitalization. If you’re interested in more information, I can share what we’ve been doing.

Male_silhouette_o
Pam Nashton...
8/27/2010 5:18pm

Yes, please share.

Male_silhouette_o
Jaci Orr Social worker/case manager
Mercy Health Partners
8/28/2010 9:49am

Lindy, I would love to hear your ideas.

Female_silhouette_o
Bonnie L. Kern Vocational Rehabilitation Counselor
Assessing Disability Barriers
8/29/2010 11:10am

I would like very much to learn how you are ensuring the safety for both the public and this population, but will you please define “incompetent inmates” so I make sure we are on the same page?

Male_silhouette_o
Robin Merrill Payne
8/30/2010 12:21pm

Yes, I am definitely interested!

Male_silhouette_o Badge_grantees
Jan Morris Court Administrator
9/2/2010 2:12pm

I’m also very interested. We have a fairly new detention facility, and we’re just now really beginning to deal with this issue. Please do share. Thanks.

Female_silhouette_o
Leesa Oliver Social Worker
Fort Bend County Mental Health Public Defender's Office
12/21/2010 3:20pm

I would be very interested to hear what you are doing.

Male_silhouette_o
Flo Giltman
12/21/2010 3:31pm

Yes, please share your strategies.

Male_silhouette_o
Bernard Williams Sr.
4/29/2011 3:00pm

Incompetent inmates!? What actually does that mean!?

Male_silhouette_o
Kayce Rane
5/24/2011 3:11pm

Hi Lindy,
Thank you for offering to share Pima County’s strategies. Would love to learn more.
On the same vein, we are having trouble figuring safe and effective strategies when there are incompetency issues being raised for juveniles. Particuarly regarding appropriate placement, outside of detention facilities, when home /family is not recommended as safe by the court. Anyone else have ideas, strategies to share other than opening a new residential facility?

Female_silhouette_o Badge_admins
Cynthea Kimmelm... Policy Analyst
Administator
Council of State Governments - Justice Center
8/11/2011 3:29pm

Lindy Funkhouser, Assistant County Administrator of Pima County, Arizona responds to Kayce and others:

“State legislatures are asking local governments to pay an increasing share of competency restoration services to pretrial defendants. Typically these services are provided in a hospital setting, even though a small percentage of the defendants need true hospital care. The Arizona legislature began to transfer this financial responsibility to counties in about 2002. Maricopa County began to examine the state’s competency restoration program in 2003 and determined that the timeliness and quality of the services could be improved.

To contain costs and improve services to the defendants, several counties in Arizona have developed jail programs for providing, at a reasonable cost, competency restoration services that were tailored to the needs of pretrial defendants. The program uses forensic psychologists to evaluate and develop a treatment plan for each incompetent inmate. Educators and social workers provide supplementary “front office” services, such as training on the criminal justice system, collecting history of the inmate, contacting prior providers, and checking with the inmates to make sure progress is underway. Corrections personnel and prescribers in the jails are integral parts of the restoration programs. If you’re interested in learning more, call Lindy Funkhouser, Assistant Pima County Administrator, at (520) 740-8311.

The program is a passion of mine and I want to help get these programs underway. I believe that this methodology can work across systems in a number of contexts."

Lindy encourages members to call him with inquires about the program. To learn further about this program and how it was implemented, please follow this link to a summary that was put together for the National Commission for Correctional Health Care @ http://www.ncchc.org/pubs/CC/competency.html.

Male_silhouette_o
Brooke Schewe
8/31/2011 11:59am

Tom Grisso of the National Youth Screening & Assessment Project (NYSAP) is the best resource for information on competency for juveniles. Tom may be contacted through the NYSAP website at http://www.nysap.us.
Two recent articles he co-authored on this topic are the following:

“Prospects for Remediating Juveniles’ Adjudicative Incompetence” by Jodi L. Viljoen and Thomas Grisso in Psychology, Public Policy, and Law, Vol 13(2), May 2007, 87-114.
(This article provides a good background and overview of competency issues in general).

and

“The Competence-Related Abilities of Adolescent Defendants in Criminal Court” in Law and Human Behavior, Vol 30(1), February 2006, 75-92.
(This article provides information on adjudicative competence of juveniles in criminal court; and details the results of a comparison study of youth who might have impaired competence-related abilities and developmental characteristics compared to adults).

Should you have any difficulty finding copies of these articles, please feel free to contact my colleague at the Justice Center, Cynthea Kimmelman-DeVries @ ckimmelman-devries@csg.org. Additionally, the National Center for Mental Health and Juvenile Justice created an annotated bibliography on competency. Please contact Cynthea to receive a copy of this bibliography.

Explore the Justice Center’s Websites
CSG Justice Center Criminal Justice / Mental Health Consensus Project Justice Reinvestment National Reentry Resource Center Reentry Policy Council