NCJ Number
63215
Date Published
1974
Length
88 pages
Annotation
TESTIMONY BEFORE CALIFORNIA'S SELECT COMMITTEE ON MENTALLY DISORDERED CRIMINAL OFFENDERS DEALS WITH THE NEED FOR LEGISLATION TO DELINEATE MENTAL HEALTH TREATMENT FOR OFFENDERS.
Abstract
THE REPORTED TESTIMONY IS GIVEN AGAINST THE BACKGROUND OF THE 1969 PASSAGE OF THE LANTERMAN-PETRIS-SHORT ACT (L-P-S), WHICH LIMITS INVOLUNTARY MENTAL HEALTH TREATMENT TO PERSONS DIAGNOSED AS DANGEROUS TO SELF AND OTHERS OR GRAVELY DISABLED. IN THE COMMITTEE CHAIRMAN'S INTRODUCTION, HE INDICATES THAT IN THE 4 YEARS SINCE THE IMPLEMENTATION OF L-P-S, THE FOLLOWING DEVELOPMENTS HAVE OCCURRED, SUGGESTING THE NEED FOR FURTHER LEGISLATIVE STUDY: (1) NEARLY ONE-THIRD OF ALL MENTALLY ILL PATIENTS IN STATE HOSPITALS ARE CRIMINAL OFFENDERS JUDICIALLY COMMITTED UNDER THE PENAL CODE, COMPARED TO 12 PERCENT IN 1969; (2) COURTS RECENTLY HAVE HELD THAT PERSONS JUDGED MENTALLY INCOMPETENT TO STAND TRIAL CAN NO LONGER BE INDETERMINATELY COMMITTED TO STATE MENTAL HOSPITALS IF THEY ARE UNLIKELY TO RECOVER WITHIN A REASONABLE PERIOD OF TIME; (3) L-P-S LIMITS INVOLUNTARY TREATMENT WITHOUT REFERENCE TO A PERSON'S LEGAL STATUS IN THE CRIMINAL JUSTICE SYSTEM; AND (4) THE DEPARTMENT OF HEALTH HAD DECIDED TO PLACE PENAL CODE COMMITMENTS IN TWO PARTICULAR STATE HOSPITALS. TESTIMONY IS PRESENTED BY VARIOUS PROFESSIONALS INVOLVED WITH L-P-S AND THE MENTALLY DISORDERED CRIMINAL OFFENDER. THE TESTIMONY DEALS WITH THE LIMITED ABILITY OF MENTAL HEALTH PROFESSIONALS TO PREDICT DANGEROUSNESS AND THE IMPLICATIONS OF THIS FOR THE LEGAL PARAMETERS FOR INVOLUNTARY COMMITMENT. TESTIMONY ALSO DEALS WITH THE NEED TO HAVE LIMITED INVOLUNTARY TREATMENT OF NONDANGEROUS MENTALLY ILL OFFENDERS IN LIEU OF PENAL INSTITUTIONALIZATION. (RCB)