Several options are available to the court at sentencing.  Generally, they can range from setting a fine, placing the offender on probation for a specified period, or imposing a period of incarceration in jail or prison.  As the recommendations presented under the previous court events are implemented, by the time a case reaches the sentencing stage there may be information in the court file about the defendant's mental health status.  The recommendations presented below describe how to build on that information to ensure that the sentencing court has all the information it needs to make an informed sentencing decision.  Consistent with earlier discussions, no offender with mental illness should be sentenced to incarceration in jail or prison due solely to the lack of information or options to address the mental illness.  In addition, the court should never enhance a sentence solely because of the offender's mental illness.  Rather, the sentence should be based on the behavior that brought the offender into court.

Recommendations:

a.

Ensure that the capacity exists to complete presentence investigation reports in cases where there are indications that the offender may have a mental illness.

b.

Facilitate the release of mental health information for use at the sentencing hearing.

c.

Have a complete assessment conducted by a mental health clinician before sentencing when the mental health information contained in the pre-sentence investigation report is insufficient to make an informed sentencing decision.

d.

Ensure that interview protocols used by probation staff with offenders with mental illness include questions that enable staff to identify those with co-occurring substance abuse disorders.

e.

Establish programs that provide judges, prosecutors, and defense attorneys with options to address the mental health needs of the offender.

f.

Expand the sentencing options available in rural areas to provide mental health services for people  with mental illness.