PROVISIONS FOR VIOLENT OFFENDERS: PERPETUATING MYTHS OR CONFRONTING CHALLENGES (FROM SERIOUS VIOLENT OFFENDERS: SENTENCING, PSYCHIATRY, AND LAW REFORM, 1991, P 23-37, SALLY- ANNE GERULL AND WILLIAM LUCAS, EDS. - SEE NCJ-147734)

• NCJ Number: 147737
• Author(s): M Ray; L Craze
• Date Published: 1993
• Length: 15 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Publication Type: Survey
• Language: English
• Country: Australia

Annotation

The Social Development Committee (SDC) of the Victorian (Australia) Parliament reported in 1990 on legislative changes required to respond to persons with severe personality disorders, who may or may not be mentally ill, and who present a danger to the community.

Abstract

The Committee concluded that personality disorder by itself does not constitute a mental illness and that the involuntary admission criteria of the Mental Health Act 1986 should not be amended to include persons with personality disorder alone. Instead, where offenders currently serving sentences are believed to be highly dangerous, the prisons should implement special prerelease programs to facilitate their reintegration into the community. The Committee examined the size of the problem of severe personality disorder among offenders, the nature of the problem, and the failure of existing programs to respond adequately to the needs of these offenders. The Committee's report described Australia's experience with preventive detention, legislated through the Mental Defectives (Convicted Persons) Act 1939 and habitual offenders' legislation in various provinces. The report also discussed Danish and British provisions for dealing with these offenders. The Committee concluded that lengthy separation of violent offenders will not necessarily enhance community safety and that violent offenders can be reintegrated after their release. 23 references