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Current Developments__________________________________
- Preponderance of the evidence standard for recommitment of defendants found not responsible by reason of mental disease or defect under NY law was constitutional according to the Second Circuit Court of Appeals. State's Standard of Proof Upheld for Recommitment, New York Law Journal (2nd Cir), June 22, 2006
- Proposed legislation would prohibit solitary confinement for mentally ill prisoners, and support treatment alternatives. Bill Keeps Mentally Ill Inmates Out of Solitary, Syracuse Post-Standard (NY), March 29, 2006
- Court of Appeals reexamines procedures for challenging confinement based on acquittal at trial by reason of mental disease or defect. Process for Challenging Confinement Clarified, New York Law Journal (NY), February 10, 2006
- New trial ordered for man involved in Kendra Webdale homicide because psychiatric testimony based on hearsay violated Confrontation Clause according to the NY Court of Appeals. Killer Who Inspired Kendra's Law Granted New Trial, New York Law Journal (NY), December 21, 2005
- Effectiveness of Kendra's law debated as legislature considers its extension. Disputed Research Drives Debate on Kendra's Law, New York Law Journal (NY), June 3, 2005
- Settlement mandating discharge planning for NYC prisoners included those persons held in psychiatric detention wards according to a City judge. Judge Orders Inmate Discharge Planning to Include Psychiatric Detention Wards , New York Law Journal (NYC), April 20, 2005
- Disproportionately high percentage of mental health treatment orders have been applied to African-Americans, compared with other groups, under Kendra's law according to the New York Lawyers for the Public Interest. Racial Disproportion Seen in Applying Kendra's Law , New York Times (NY), April 7, 2005
- New York City agencies required to track pre-trial time in custody of inmates with mental or physical health problems under settlement reached in federal lawsuit. Pact Provides Mentally Ill Credit for Time in Custody Before Trial, New York Law Journal (NYC), Feb. 23, 2005
- Diversion programs in OnondagaCounty attempt to move people with mental health issues out of family and criminal court and into treatment alternatives.Mental Health Agencies, Courts Unveil Programs, Syracuse Post-Standard (OnondagaCounty), Feb. 10, 2005
- In a competency and guardianship proceeding for an allegedly incapacitated person, the subject of the hearing could not be compelled to testify against himself according to the Broome County Supreme Court. Man's Forced Testimony Disallowed in Proceeding on His Competency, New York Law Journal (BroomeCounty), November 23, 2004
- Prosecutor can seek recommitment hearing for acquittee found not guilty by reason of mental disease or defect based on change in mental status according to the Appellate Division Second Department. New Evidence Justifies Review of Defendant's Psychiatric Condition, New York Law Journal (2nd Dept), June 4, 2004. Read the court's decision in Matter of Sheldon S., 2004 NYSlipOp 04349 (2nd Dept June 1, 2004)
- Prohibiting defendant's psychiatric evidence, although submitted after the deadline, required new trial according to the Appellate Division First Department. Barring Evidence of Mental Illness Results in Retrial, New York Law Journal (1st Dept), April 14, 2004. Read the court's decision in People v. Gracius, 2004 NYSlipOp 02676 (1st Dept April 13, 2004)
- Brooklyn Mental Health Court seen as model for development of similar courts across New YorkState. Mental Health Court Offers Options for Many Defendants, Journal News (NYC), April 14, 2004
- Kendra's Law did not require finding of incapacity and was constitutional according to the New York Court of Appeals. NY Keeps Forced Mental Health Treatment, Associated Press (NY), February 17, 2004. Read the court's decision In the Matter of KL, No. 6 (NY February 17, 2004)
- Westchester District Attorney's criticism of psychiatric defenses in recently published book led legal aid attorney to seek disqualification of prosecutor's office in attempted murder case. Lawyer Wants DA's Office Taken Off Case, Journal News (WestchesterCounty), January 12, 2004
- Constitutionality of Kendra's Law at issue in case pending before New York Court of Appeals. Rights of Patients Under Kendra's Law Challenged, New York Law Journal (NY), January 5, 2004
- Niagara Falls Mental Health Treatment Court to provide treatment for mentally ill persons charged with non-violent criminal offenses. New Court Will Address Defendants' Mental Health, Buffalo News (NiagaraCounty), September 25, 2003
- Federal judge not required to inquire into indigent pro se civil plaintiff's mental competence according to the Second Circuit Court of Appeals. Judges May Decide Whether to Probe Pro Se Competence, New York Law Journal (2nd Cir), March 28, 2003. Read the court's decision in Ferrelli v. River Manor Health Care Center, No. 00-9515 (2nd Cir March 21, 2003)
- Governor's panel issued report calling for overhaul of adult homes for mentally ill. Panel Urges Millions for Homes for the Mentally Ill, New York Times (NY), November 27, 2002
- Psychiatric patients discharged from New York hospitals have been sent to adult care and nursing home facilities in other states as a cost-saving measure. New York Exports Mentally Ill, Shifting Burden to Other States , New York Times (NY), November 17, 2002
- Mental Health Court opens in Brooklyn.Court for Mentally Ill Defendants Will Start Today , New York Times (Brooklyn), October 1, 2002
- Defendant with multiple personalities competent to stand trial according to the Appellate Division Second Department. Panel Holds Multiple Personalities Did Not Render Woman Incompetent to Stand Trial , New York Law Journal (2nd Dept), August 8, 2002. Read the court's decision in People v. Mendez, 2002 NYSlipOp 06121 (2nd Dept August 5, 2002)
- Heightened scrutiny appropriate standard for reviewing decision to involuntarily medicate a defendant to stand trial according to the Second Circuit Court of Appeals. Standard Set on Medicating Prisoners Involuntarily , New York Law Journal (2nd Cir), April 29, 2002. Read the court's decision in United States v. Gomes , 01-1143 (2nd Cir April 24, 2002)
- Federal court's decision enlarging liability of mental health care providers might lead to increased involuntary commitments. Court Extends Scope of Liability of Mental Health Practitioners , New York Law Journal (SDNY), April 25, 2002
- Records of hospitalization for mental illness might be included in national criminal history database under federal legislative proposal to prohibit mentally ill from purchasing guns. Schumer: Keep Guns From Mentally Ill, Newsday (US), April 8, 2002
- Definition of dangerousness for commitment of defendants found not guilty by reason of insanity expanded by the New York Court of Appeals. Standard for Confinement Is Set, New York Law Journal (NY), February 14, 2002. Read the court's decision, In re David B., No. 5 (NY February 13, 2002)
Current Developments Outside New York___________________
- How to Deal With Difficult Clients From a Mental Health Perspective, Champion (US), June 2007
- Ideas Percolate to Help Safeguard Mentally Ill, Oregonian (OR), January 8, 2007
- Mentally Ill in Travis Getting Public Defender, Express-News (TX), January 1, 2007
- New Tool Lets Law Officers See Through Schizophrenic's Eyes, WTKR (VA), December 7, 2006
- Insanity Defense Goes Back on Trial, New York Times (US), July 30, 2006
- Yates Retrial May Signal Opinion Shift, USA Today (TX), July 27, 2006
- Supreme Court Upholds Arizona Insanity Law, Law.com (US), June 30, 2006
- Mentally Ill Defendants Offered Better Legal Aid, Austin American-Statesman (TX), June 3, 2006
- How Legal System Fails the Nation's Mentally Ill, Philadelphia Inquirer (US), May 8, 2006
- Psychologists' Evaluations Put Many Cases in Question, RockMountain News (CO), January 26, 2006
- Justice Must Recognize Ill, Poughkeepsie Journal (US), January 17, 2006
- Police on Front Lines of Mental Health Crises , Press & Sun Bulletin (US), January 16, 2006
- Inmate's Case Raises Mental Health Issues, Las Vegas Sun (NV), January 9, 2006
- Use of "Mental Slowness" as Defense Against Charges Upheld by High Court, Denver Post (CO), October 4, 2005
- US Leads in Mental Illness, Lags in Treatment, Washington Post (US), June 7, 2005
- Mentally Ill Sent to Mental Health Courts, Washington Post (US), April 25, 2005
- Boy's Murder Case Entangled in Fight Over Antidepressants, Ledger (SC), August 23, 2004
- Alzheimer's Driver Sent to Nursing Home, Associated Press (FL), June 11, 2004
- Man Held Unfairly Ordered Freed, Washington Post (DC), November 14, 2003
- Tortured Path Leads Inmate to Retrial, Tennessean (TN), October 12, 2003
- 51-Year Inmate Wants to Stay in Prison, Courier-Journal (KY), October 2, 2003
- Doctors Can't Rat on Patients , Recorder (9th Cir), August 25, 2003
- Legal System Struggles With Dementia Patients, Washington Post (US), July 28, 2003
- Impressions of Client Competency Ruled Out, American Bar Association Journal (WI), July 25, 2003
- Some Found Insane Released , Richmond Times-Dispatch (VA), December 4, 2002
- New D.C. Law Lets Retarded Defendants Be Committed, Washington Post (DC), June 5, 2002
- Mentally Sick in Us Swing Between Jail, Hospital, Reuters (US), May 14, 2002
- Insanity Pleas in the Face of Intelligence, Boston Globe (MA), April 24, 2002
- Postpartum Psychosis: A Difficult Defense, CNN Online (US), February 27, 2002
Practice Pointers_______________________________________
- Forcible Medication of Pretrial Criminal Defendants , New York Law Journal (US), November 27, 2002
- Medication, Retention and AOT Treatment in Guardianships, New York Law Journal, September 19, 2002
- Discharge Under Kendra's Law, New York Law Journal, July 18, 2002
- Courts Address Mothers Who Kill, New York Law Journal, May 31, 2002
- Forced Medication of a Non-Dangerous Criminal Defendant , New York Law Journal, May 21, 2002
Special Reports________________________________________
BROKEN HOMES
In a series of articles, the New York Times explored the deplorable condition of adult homes for the mentally ill in New YorkState.
- Ingredients of a Failing System: A Lack of State Money, a Group Without a Voice , April 28, 2002
- For Mentally Ill, Death and Misery, April 28, 2002
- Here, Life Is Squalor and Chaos, April 29, 2002
- A Roll Call: Decrepit Rooms to Wrong Pills, April 30, 2002
MENTAL HEALTH COURTS
The unique circumstances and treatment needs of mentally ill defendants are the focus of specialized mental health courts emerging nationwide.
- Mental Health Courts: Collection of Articles (BJA)
- Dutchess to Study New Court, Daily Freeman (DutchessCounty), April 12, 2000
- Boost for Special Court, New York Daily News (Bronx), February 9, 2005
- Where Justice and Mercy Meet, Village Voice (Brooklyn), July 27, 2004
- Treatment of Mentally Ill in Court System Lacking, Press Republican (ClintonCounty), June 22, 2004
- Advocates Seek Court for Mentally Ill Defendants, Journal News (RocklandCounty), June 21, 2004
- Mental Health Court Discussed, Syracuse Post-Standard (OnondagaCounty), December 8, 2003
- Court Offers Mentally Ill an Alternative to Jail, USA Today (Washington), June 27, 2001
- Congress Backs Prison Alternatives, Findlaw Legal News, October 25, 2000
- Innovative Justice , Anchorage Daily News, February 26, 2000
- Special Court for Mentally Ill in Talking Stage, Chicago Tribune, November 7, 1999
NEW YORK CITY'S PLAN FOR THE MENTALLY ILL AND HOMELESS
Get the Violent Crazies Off Our Streets: Hospitalize the Deranged, New York Daily News, November 19, 1999 is a sensational headline from a Daily News editorial that epitomizes the growing climate of fear and suspicion in New York City. Violent acts attributed to the mentally ill and homeless paint a distorted picture that is prompting legislatures and courts to overreact. Kendra's law, the unresolved outcome of Kendra's trial and recent reported attacks possibly involving mentally ill or homeless people have fueled draconian policies that critics believe to be an overreaction. Attacks by Unstable People Raise Fears, If Not Answers, New York Times, November 19, 1999
- 6 Arrested at Overnight Homeless Rally, MSNBC, December 6, 1999
- 1,000 in Park Denounce Giuliani on Homeless Arrest Policy, New York Times, December 6, 1999
- Seeking to Label the Homeless, With Compassion or Contempt, New York Times, December 5, 1999
- Giuliani Defends Homeless Policy, Albany Times Union, December 4, 1999
- The Politics of Homelessness, New York Times, December 2, 1999
- Suspect in the Brick Attack Was Familiar in the Courts, New York Times, December 2, 1999
- Woman Saw Several Lineups Before Identifying Attack Suspect, New York Times, December 2, 1999
- Homeless Man Charged in NYC Brick Assault: Attack Sparked Crackdown of City's Transients, APB Info, December 1, 1999
- Bullying the Homeless, New York Times, November 29, 1999
- Strict Shelter Rules Force Many Families Out, New York Times, November 29, 1999
- Sharpton Condemns City¥s Crackdown on the Homeless, New York Times, November 28, 1999
- Homeless Arrests Monitored, MSNBC, November 28, 1999
- A Call to Defend the Homeless/Recent Arrests Under Scrutiny, Newsday, November 28, 1999
- Lawyers for Homeless Seeking to Block New Rules, New York Times, November 27, 1999
- Mentally Ill and Adrift on the Streets, New York Times, November 26, 1999
- 44 Homeless Arrested in Latest Sweep, New York Daily News, November 25, 1999
- City Council Questions Homeless Arrests, MSNBC, November 25, 1999
- Safir Defends Effort to Keep Homeless Off Streets at Night, New York Times, November 25, 1999
- Seeking Common Ground in the Debate on the Homeless, New York Times, November 23, 1999
- Citywide Sweep Leads to 23 Arrests of the Homeless, New York Times, November 23, 1999
- Rudy Plowing Ahead with Plan to Roust Homeless, New York Daily News, November 23, 1999
- A Homeless Man Challenges New York City Crackdowns, New York Times, November 22, 1999
- Police Predict Few Arrests of Homeless, New York Times, November 21, 1999
- Police Have Few Clues in Brick Attack, New York Times, November 21, 1999
- Street Sleeper Sweep Fizzles, New York Daily News, November 21, 1999
- No Arrests in Brick Attack, Newsday, November 21, 1999
- Headline Demands Sweep of Mentally Ill, New York Times, November 20, 1999
- Brick Attack Spawns NYC Homeless Crackdown: Mayor: Right to Sleep on Street Not in Constitution, APB Info, November 20, 1999
- Mayor to Rid Streets of Homeless, MSNBC, November 20, 1999
- City Plan: Get Homeless Off Streets, Newsday, November 20, 1999
- Enough, Rudy Says: Vows He¥ll Rid Streets of Sleeping Homeless People, New York Daily News, November 20, 1999
- In Wake of Attack, Giuliani Cracks Down on Homeless, New York Times, November 20, 1999
- Hunt Widens for Suspect in Attack with Brick, New York Times, November 19, 1999
- Police Scour Shelters for Man Who Hit Woman (Nicole Barrett) with Brick, New York Times, November 18, 1999
Reports_______________________________________________
How to Help--When a Person With Mental Illness Is Arrested (NAMI 2004). This handbook provides information about dealing with defendants with mental health issues in New York's criminal justice system. It includes sections on arrest procedures, locating an arrested person, working with a defense attorney, laws relating to defendants with mental health problems, sentencing advocacy and treatment alternatives, a glossary and references to other sources. The guide was prepared by the National Alliance for the Mentally Ill-New YorkState.
Ill-Equipped: US Prisons and Offenders With Mental Illness (HRW 2003). This report describes the status of mentally ill people in prison. It analyzes data collected from field research and interviews on the number of mentally ill behind bars, the nature of their illnesses, and the reasons for their incarceration. Moreover, it examines patterns of neglect, abuse and mistreatment, and limited availability of mental health services. The report documents problems with mass incarceration of the mentally ill and the need for changing the justice system's approach.
Role of Mental Health Courts in System Reform (Bazelon Center 2003). The BazelonCenter for Mental Health Law conducted a review of 20 mental health courts around the country, and about a dozen intensively. Based on their research into the operations and effectiveness of these courts, they discovered that mental courts did not follow a single model, and included many burdensome procedures affecting the result and defendants rights. The report recommended that mental health courts operate within a broad framework meeting the needs of the mentally ill, while protecting the rights of defendants appearing before them.
Well Being of Our Nation: An Inter-Generational Vision of Effective Mental Health Services and Supports (National Council on Disability 2002). This report focuses on the causes behind the crisis in providing mental health services. It underscores the difficulties faced by different groups, such as juveniles, adults and the elderly. Model programs and approaches are considered throughout the study as well as the need for visionary leadership and adequate funding.
Criminal Justice/Mental Health Consensus Project (Council of State Governments 2002). This report examines the ways that people with mental illnesses have been treated by the criminal justice system. It contains policy statements and implementation strategies, along with examples from many jurisdictions.
Mental Health and Treatment of Inmates and Probationers (U.S. Department of Justice July 1999)
Homelessness: Programs and the People They Serve (Urban Institute December 7, 1999)
Mental Health and Treatment of Inmate and Probationers (U.S. Department of Justice July 1999)
Research Links________________________________________
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