Mentally-disordered Offenders: Who Is Responsible? (From Current Australian Trends in Corrections, P 167-176, 1988, David Biles, ed. -- See NCJ-119105)

• NCJ Number: 119127
• Author(s): R E Fitzgerald
• Date Published: 1988
• Length: 10 pages
• Sale Source: Federation Press (Distributed by Gaunt)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Australia

Annotation

This analysis of alternative approaches to addressing the problem of how to manage mentally disordered prisoners in Australia concludes that the appropriate disposition should relate to the legal status of the offender.

Abstract

Thus, where the court is considering detaining an accused person for a psychiatric assessment, a screening examination should take place at the court to determine whether a full psychiatric assessment is necessary. If it is, the accused person should be remanded to a secure psychiatric facility operated by health authorities. In addition, those found incompetent to stand trial should be detained for observation and treatment for a statutorily limited amount of time in a secure psychiatric facility operated by health authorities. Furthermore, persons found not guilty because of insanity should also be detained in a such a facility unless the level of dangerousness requires a prison. Moreover, prisons should provide protective and supportive facilities for convicted prisoners with mild neuroses or other minor needs. More seriously disturbed prisoners should be admitted temporarily to a secure psychiatric facility operated by health authorities. Finally, the preferred form of psychiatric facility for the detention, observation, and treatment of mentally disordered offenders is a secure unit integrated with a community psychiatric hospital and staffed by health professionals. 13 references.