USE OF DISCRETION IN A MAXIMUM SECURITY MENTAL HOSPITAL THE DIXON CASE (FROM REFORM IN CORRECTIONS - PROBLEMS AND ISSUES, 1977, BY HARRY E ALLEN AND NANCY J BERAN - SEE NCJ-46620)

• NCJ Number: 46622
• Author(s): T P THORNBERRY; J E JACOBY
• Date Published: 1977
• Length: 15 pages
• Grant Number(s): MN 23742
• Sponsoring Agency: US Dept of Health, Education, and Welfare
• Corporate Author: Praeger Publishers
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: THIS PAPER IS PART OF A LARGER RESEARCH PROJECT ENTITLED 'RELEASE OF DANGEROUS MENTAL PATIENTS - THE DIXON CASES' SUPPORTED BY THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, PUBLIC HEALTH SERVICE

Annotation

THE POSTRELEASE DANGEROUSNESS OF 432 SUBJECTS IS MEASURED IN RELATION TO THE TACIT DECISION OF THE HOSPITAL TO RETAIN THE SUBJECTS AND ALSO IN RELATION TO THE REPORTED INCIDENTS OF IN-HOSPITAL VIOLENCE.

Abstract

THE SAMPLE SELECTED FOR STUDY COMPRISED A GROUP OF ADJUDICATED MENTALLY ILL OFFENDERS WHO HAD BEEN RELEASED BY A COURT ORDER FROM A HOSPITAL DEALING SPECIFICALLY WITH SUCH OFFENDERS. COURT ACTION WAS INITIATED ON BEHALF OF THOSE RESIDENTS RETAINED BY THE HOSPITAL STAFF BEYOND THE TERMINATION OF LEGAL JURISDICTION WITHOUT FURTHER DUE PROCESS. THIS GROUP DERIVED FROM THE DIXON CASE WAS CHOSEN AS A NATURAL EXPERIMENT TO MEASURE THE POSTRELEASE DANGEROUSNESS OF OFFENDERS WHO EXCEPT FOR A COURT ORDER, WOULD HAVE BEEN REFUSED RELEASE BY THE HOSPITAL ADMINISTRATION (A PARALLEL TO PAROLE BOARD DECISIONMAKING). POSTRELEASE DANGEROUSNESS WAS ALSO MEASURED IN RELATION TO REPORTED IN-HOSPITAL INCIDENTS OF VIOLENCE TO DETERMINE THE VALIDITY OF THIS FACTOR IN PREDICTING FUTURE DANGEROUSNESS. TWO DATA SOURCES WERE USED TO DETERMINE WHICH OF THE SUBJECTS EXHIBITED DANGEROUS BEHAVIOR AFTER RELEASE -- POLICE ARREST RECORDS AND CIVIL MENTAL HOSPITAL RECORDS, WHICH WOULD SHOW READMISSIONS THAT WERE NOT ASSOCIATED WITH ARREST. THE 4-YEAR PERIOD AFTER RELEASE WAS USED AS A FOLLOWUP. THE DATA SHOWED THAT ONLY 14 PERCENT OF THE SAMPLE EXHIBITED DANGEROUS BEHAVIOR. EVEN IN THE YOUNGEST AGE GROUP, NORMALLY THE MOST VIOLENT, ONLY ONE OF FOUR SUBJECTS BEHAVED IN A DANGEROUS MANNER. IT IS ALSO CONCLUDED THAT THERE IS A VERY WEAK RELATIONSHIP BETWEEN INCIDENTS OF IN-HOSPITAL VIOLENCE AND POSTRELEASE DANGEROUSNESS. IT IS SUGGESTED, THEREFORE, THAT ADMINISTRATORS IN HOSPITALS FOR MENTALLY ILL OFFENDERS BE SEVERELY LIMITED IN DISCRETIONARY POWERS TO DETERMINE CONFINEMENT AND THAT THE VARIABLE OF IN-HOSPITAL INCIDENTS OF VIOLENCE NOT BE A PRINCIPAL FACTOR IN CONSIDERING A RESIDENT'S SUITABILITY FOR RELEASE. TABLES OF DATA AND TEST RESULTS ARE INCLUDED. (RCB)