The Council of State Governments Justice Center recently published two guides on the rights of individuals who have been victimized by people with mental illnesses - the first ever national publications on this topic. Both were supported by the Office for Victims of Crime (OVC), Office of Justice Programs, U.S. Department of Justice.

The first, Responding to People Who Have Been Victimized by Individuals with Mental Illnesses, details steps policymakers, advocates, and mental health professionals can take to understand and protect the rights and safety of these crime victims. When individuals accused of a crime are found “not guilty by reason of insanity” or are court-ordered to receive treatment in a mental health facility, their victims may not receive the same rights to notification and participation as other victims in the criminal justice system. After these individuals are transferred to mental health facilities, criminal justice professionals may not be able to assist victims because they no longer have direct access to relevant case information. Mental health system workers, on the other hand, often lack clear legal authority and direction on who is responsible for serving these victims. They also must comply with strict confidentiality regulations related to the accused receiving treatment in a mental health facility.

“We used a draft of this guide in a meeting of officials statewide to educate better both mental health and criminal justice officials on improving responses to victims of people who have mental illnesses, ” said Justice Center board member and State Rep. Pat Colloton (R-Kan.). “Though states don’t always know how many victims are affected by a defendant’s transfer to a mental health facility, we do know that the impact of denying them access to information during release and other proceedings can be tremendous.”

Click here to read the full press release on Responding to People Who Have Been Victimized by Individuals with Mental Illnesses.

The second report, A Guide to the Role of Crime Victims in Mental Health Courts, is the first national publication to offer practical recommendations to mental health court practitioners about how to engage crime victims in case proceedings. The rights that are due victims in criminal court proceedings are not always made available to individuals who are victimized by people accepted into mental health courtsowing largely to confusion about how to involve victims at various points in the mental health court process given the nontraditional operations of these courts and medical privacy regulations that limit the extent of information about participants that can be shared. While policymakers, advocates, and mental health court staff recognize the importance of victims’ rights policies, few mental health court programs have adopted formal procedures related to victims.

“There are a growing number of mental health courts in the country handling cases that involve victimsand they deserve the same rights and protections as victims in traditional criminal courts,” said Justice Center board member and State Sen. Liane Sorenson (R-Del.). “This guide helps mental health courts put formal procedures in place that benefit victims, particularly those who are family members of participants.”

Click here to read the full press release on A Guide to the Role of Crime Victims in Mental Health Courts.

To download free copies of either guide, click here.

The Justice Center has announced that Delaware, Idaho, New Hampshire and Wisconsin will participate in the Chief Justices’ Criminal Justice/Mental Health Leadership Initiative, a national project in its second year designed to assist state supreme court chief justices in developing strategic plans to improve responses to people with mental illnesses involved in the justice system.

Chief justices from 13 states submitted applications for the initiative. Over the next year, the four chief justices selected will convene task forces of state leaders to examine ways to improve outcomes for people with mental illnesses engaged with the criminal justice system. These task forces will receive funding and technical assistance from the CSG Justice Center and the National GAINS Center, which works with the Justice Center to coordinate the initiative. The task forces will also participate in a CSG Justice Centerconvened policy forum with their counterparts from the other three states.

“Each state’s chief justice has demonstrated a commitment to addressing the needs of people with mental illnesses, and we are pleased to be able to invite these states to participate,” said Judge Steven Leifman, Special Advisor on Criminal Justice/Mental Health to the Florida Supreme Court and co-chair of the advisory board that reviewed the submissions. “The application process was very competitive, and we are confident that all four task forces will design and implement successful strategies.”

According to a 2006 report by the U.S. Bureau of Justice Statistics, nearly a quarter of both state prisoners and jail inmates who reported they had a mental health problem had served three or more prior incarcerations. The frequency with which people with mental illnesses cycle through the criminal justice system remains a major concern nationally, and states across the country are trying to find ways to prevent the unfavorable outcomes associated with this repeated involvement.

“To address this complex issue, there must be extensive collaboration among a state’s systems. The chief justice is often uniquely positioned to convene key leaders to develop bipartisan, coordinated strategies,” said Presiding Judge of the Texas Court of Criminal Appeals and Justice Center board chair Sharon Keller. “I look forward to seeing what these four task forces will accomplish in the coming year.” In 2007, seven chief justices participated in the initiative, which was designed in collaboration with the Conference of Chief Justices, and many of these states have succeeded in sparking significant policy change.

The support to the state task forces is made possible through grants from the JEHT Foundation and the Conrad N. Hilton Foundation. Funding for the planning phases of this project was provided by the U.S. Justice Department, Bureau of Justice Assistance, and the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration.

Times Standard (CA) - County expanding mental health services
9/2/08 - "A voter-approved tax on the state’s millionaires is helping Humboldt County increase its services to the mentally ill. Plans for the expansion of the county’s mental health services with the Mental Health Service Act revenue has been in the works since the initiative passed in 2005 and was implemented in 2006."

Hampton Roads (VA) - ODU study touts success of Norfolk's mental health courts
9/2/08 - "The exchanges between the judge and the defendants in Circuit Courtroom Number 8 on Tuesday afternoons are a little unconventional. But then, so is this court. This is one of the state’s few mental health courts. A recent study shows that it’s successfully keeping many offenders out of jail, stabilized in treatment programs and sober."

Great Falls Tribune (MT) - Care for mentally ill can overwhelm jail, emergency services
9/2/08 - " 'Because Great Falls doesn't have the resources to care for mentally ill people in crisis, the burden of care falls on the emergency room and jail,' said Ken Kleven, deputy director of the Center for Mental Health. Neither the E.R. nor the jail is designed to treat mental illness, so people don't receive the care they need, so they often go through the same cycle repeatedly."

Wichita Eagle (KS) - Law enforcers get insight into mentally ill
8/28/08 - "Wichita police and Sedgwick County sheriffs’ deputies and jail detention officers participated in a weeklong training to teach officers how to deal with the mentally ill in crisis situations and help keep them out of jail."

East Valley Tribune (AZ) - Pinal to open court for mental health cases
8/28/08 - "Pinal County soon will open a court to deal with people in the criminal justice system who suffer from serious mental health problems. The result will be savings to taxpayers, a reduced amount of jail time for offenders, and speedier treatment for those with diagnosed mental illnesses, say court officials and mental health care experts."

Online Athens (GA) - New court will steer mentally ill to help
8/27/08 - " 'We are undertaking a limited number of cases to make sure our process and program are sound,' said Clarke County Superior Court Judge David Sweat, who will preside over the Treatment and Accountability Court. Sweat belongs to a task force pulled together several years ago by Athens-Clarke Probate Court Judge Susan Tate to look at how the local courts are handling mental health issues."

Hampton Roads (VA) - Beach officers to be trained to handle mentally ill people
8/16/08 - "About 9 percent of the Virginia Beach jail’s population takes prescription drugs for mental illness. With a federal grant and city funding, city officials hope to create a unit of specially trained officers to give the mentally ill help instead of jail time."

Corrections Connection (GA) - Someone to turn to
8/12/08 - "They’re unfortunately referred to as the 'frequent fliers' of the criminal justice system. Mentally ill offenders tend to have higher rates of recidivism than any other segment of the incarcerated population in the United States. Non-violent offenders suffering from mental illness in particular commonly cycle in and out of jails for repeated low-level offenses, caught in a pattern the criminal justice system has struggled to correct for decades."

Idaho State Journal (ID) - Policing mentally ill
8/11/08 - "Local police say the fact there are often 'no vacancies' at Portneuf Medical Center's behavioral health unit is having a negative impact on public safety. When the unit has no room for new patients, law enforcement officers have to transport mentally ill individuals to facilities as far away as Boise. This can easily consume an entire shift for one or two officers, and drastically reduce police protection for Pocatello, Chubbuck and Bannock County."

Idaho State Journal (NC) - Officers to join crisis teams
8/4/08 - "Mecklenburg County officials will announce Tuesday the creation of a new Crisis Intervention Team that will help law enforcement better identify and handle people with mental illness. Under the program, selected officers will be trained on how to identify mental health concerns, use verbal skills to de-escalate a crisis situation, and direct people to appropriate treatment, the county said in a news release"

Tyler Morning Telegraph (TX) - Pilot program for mental health court approved
7/28/08 - "Smith County commissioners today laid the groundwork for a pilot mental health court, which will seek to divert non-violent mentally ill arrestees from the criminal justice system."