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Mental Illness and the Criminal Justice System

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Mental Illness and the Criminal Justice System

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Description

During this presentation prepared by NAMI PA, Main Line, Information is provided in three sections: Preventing Arrest; Criminal Justice System procedures and advice; and
Resources for people in the Philadelphia metropolitan area. Note: This information is not legal advice. A person who is in police custody should get the services of a criminal lawyer.

Transcript

  1. 1. Created 2013; Revised September 2020 Helping Individuals with Mental Illness to Avoid or Deal with the Criminal Justice System Presented by NAMI Main Line PA, an affiliate of the National Alliance on Mental Illness Please view the final slide for NAMI Main Line PA contact information and the link to a printable document with additional information.
  2. 2. Information is provided in three sections: • Preventing Arrest • Criminal Justice System procedures and advice • Resources for people in the Philadelphia metropolitan area ~~~~~~~~~~~~~~~~ This information is not legal advice. A person who is in police custody should get the services of a criminal lawyer (see slide 9).
  3. 3. Preventing Arrest • Avoid arrest by arranging for crisis intervention, ongoing treatment, or court- ordered emergency treatment before the situation escalates to necessitate police involvement. • If you fear there may be a crisis, it is helpful to notify the police in advance that a household includes a person with a mental illness, so the police can respond to an emergency in an informed manner (see slide 13).
  4. 4. Preventing Arrest --Treatment • Programs such as assertive community treatment (PACT) can help to prevent relapse and mental health crises and thus reduce the risk of arrest. • Many resources for finding treatment are described in “How to Get Services” and “Resources for People with Mental Illness” available at www.NAMIMainLinePA.org
  5. 5. • During a mental health crisis call 911 only if there is immediate danger of physical harm. • Otherwise you may reduce the risk that a crisis will result in arrest by calling the County Crisis Line which has staff 24/7 who can assess the situation, arrange for an in- person evaluation and/or make referrals as needed. • Crisis line phone numbers for the Greater Philadelphia area are available at: www.NAMIMainLinePA.org/crisis- numbers/ Preventing Arrest -- Crisis Intervention
  6. 6. Preventing Arrest -- Court-Ordered Treatment • When an individual has a life-threatening psychiatric emergency but is unwilling to consent to treatment, state law authorizes court-ordered treatment without the individual’s consent. – Inpatient = involuntary commitment – Outpatient = assisted outpatient treatment • For more information go to: www.mces.org/PDFs/MCES_Quest_June_2003.pdf
  7. 7. Preventing Arrest – Mental Health Advance Directives • An Advance Directive allows a person with mental illness to indicate his/her treatment preferences and designate a Power of Attorney for health care who can be authorized to make treatment decisions on his/her behalf in the event of a mental health crisis. • Go to Disability Rights Network’s website at www.drnpa.org/ to download a copy of the PA Mental Health Advance Directive
  8. 8. Preventing Arrest – Finding a Missing Person • The National Missing and Unidentified Persons Database allows the general public to add new missing persons, with physical and circumstantial details, photographs, dental contacts and other critical information. Posters can be created and cases tracked. • Additional resources are available at www.outpostforhope.org www.nami.org
  9. 9. Criminal Justice System – Advice • Get a good criminal lawyer as soon as possible. Try to prevent the police from questioning a suspect without a lawyer present. The police must stop questioning anyone who asks for a lawyer. If possible, consult with a lawyer before deciding whether to reveal a suspect’s mental illness. • If you cannot afford to pay the full fee for a private lawyer, contact public defender services, court- appointed attorneys, or local criminal defense lawyers associations or bar associations. (additional information in following slides)
  10. 10. Criminal Justice System – Advice • If a person with mental illness has been arrested, see the judge or call the district attorney and ask the court to make it a condition of bail or sentencing that the person must follow all treatment recommendations. This often helps to increase compliance with medications and other important treatments. • If a person with mental illness has been incarcerated, contact the prison, ask for the medical department, and give the person's treatment history (often the place of last treatment is sufficient).
  11. 11. Criminal Justice System – Procedures and Advice • See Criminal Justice Videos and a guide, When a Person with Mental Illness goes to Prison, at NAMI.org • Search of Criminal Justice topics at NAMI.org
  12. 12. Criminal Justice System – Procedures and Advice • When a Person with Mental Illness Goes to Prison – How to Help (a joint project of NAMI NY and the Urban Justice Center) • Understanding the Criminal Justice System by NAMI CT
  13. 13. Resources for People in the Greater Philadelphia Area • If you or your loved one are about to have or have had an encounter with the police, you should seek resources in the county where the incident is occurring/has occurred (even if this is different from the county of residence). You will find County level resource contact information at our website. • The PA Premise Alert System allows families to provide information about a person with mental illness to first responders before a problem occurs (www.papremisealert.com).
  14. 14. Presented by NAMI Main Line PA an affiliate of the National Alliance on Mental Illness www.NAMIMainLinePA.org info@NAMIMainLinePA.org The complete document this presentation summarizes can be found at: http://NAMIMainLinePA.org/info-resources/criminal-justice-resources/ All information is current as of publication date; please let us know if you encounter broken hyperlinks.

Description

During this presentation prepared by NAMI PA, Main Line, Information is provided in three sections: Preventing Arrest; Criminal Justice System procedures and advice; and
Resources for people in the Philadelphia metropolitan area. Note: This information is not legal advice. A person who is in police custody should get the services of a criminal lawyer.

Transcript

  1. 1. Created 2013; Revised September 2020 Helping Individuals with Mental Illness to Avoid or Deal with the Criminal Justice System Presented by NAMI Main Line PA, an affiliate of the National Alliance on Mental Illness Please view the final slide for NAMI Main Line PA contact information and the link to a printable document with additional information.
  2. 2. Information is provided in three sections: • Preventing Arrest • Criminal Justice System procedures and advice • Resources for people in the Philadelphia metropolitan area ~~~~~~~~~~~~~~~~ This information is not legal advice. A person who is in police custody should get the services of a criminal lawyer (see slide 9).
  3. 3. Preventing Arrest • Avoid arrest by arranging for crisis intervention, ongoing treatment, or court- ordered emergency treatment before the situation escalates to necessitate police involvement. • If you fear there may be a crisis, it is helpful to notify the police in advance that a household includes a person with a mental illness, so the police can respond to an emergency in an informed manner (see slide 13).
  4. 4. Preventing Arrest --Treatment • Programs such as assertive community treatment (PACT) can help to prevent relapse and mental health crises and thus reduce the risk of arrest. • Many resources for finding treatment are described in “How to Get Services” and “Resources for People with Mental Illness” available at www.NAMIMainLinePA.org
  5. 5. • During a mental health crisis call 911 only if there is immediate danger of physical harm. • Otherwise you may reduce the risk that a crisis will result in arrest by calling the County Crisis Line which has staff 24/7 who can assess the situation, arrange for an in- person evaluation and/or make referrals as needed. • Crisis line phone numbers for the Greater Philadelphia area are available at: www.NAMIMainLinePA.org/crisis- numbers/ Preventing Arrest -- Crisis Intervention
  6. 6. Preventing Arrest -- Court-Ordered Treatment • When an individual has a life-threatening psychiatric emergency but is unwilling to consent to treatment, state law authorizes court-ordered treatment without the individual’s consent. – Inpatient = involuntary commitment – Outpatient = assisted outpatient treatment • For more information go to: www.mces.org/PDFs/MCES_Quest_June_2003.pdf
  7. 7. Preventing Arrest – Mental Health Advance Directives • An Advance Directive allows a person with mental illness to indicate his/her treatment preferences and designate a Power of Attorney for health care who can be authorized to make treatment decisions on his/her behalf in the event of a mental health crisis. • Go to Disability Rights Network’s website at www.drnpa.org/ to download a copy of the PA Mental Health Advance Directive
  8. 8. Preventing Arrest – Finding a Missing Person • The National Missing and Unidentified Persons Database allows the general public to add new missing persons, with physical and circumstantial details, photographs, dental contacts and other critical information. Posters can be created and cases tracked. • Additional resources are available at www.outpostforhope.org www.nami.org
  9. 9. Criminal Justice System – Advice • Get a good criminal lawyer as soon as possible. Try to prevent the police from questioning a suspect without a lawyer present. The police must stop questioning anyone who asks for a lawyer. If possible, consult with a lawyer before deciding whether to reveal a suspect’s mental illness. • If you cannot afford to pay the full fee for a private lawyer, contact public defender services, court- appointed attorneys, or local criminal defense lawyers associations or bar associations. (additional information in following slides)
  10. 10. Criminal Justice System – Advice • If a person with mental illness has been arrested, see the judge or call the district attorney and ask the court to make it a condition of bail or sentencing that the person must follow all treatment recommendations. This often helps to increase compliance with medications and other important treatments. • If a person with mental illness has been incarcerated, contact the prison, ask for the medical department, and give the person's treatment history (often the place of last treatment is sufficient).
  11. 11. Criminal Justice System – Procedures and Advice • See Criminal Justice Videos and a guide, When a Person with Mental Illness goes to Prison, at NAMI.org • Search of Criminal Justice topics at NAMI.org
  12. 12. Criminal Justice System – Procedures and Advice • When a Person with Mental Illness Goes to Prison – How to Help (a joint project of NAMI NY and the Urban Justice Center) • Understanding the Criminal Justice System by NAMI CT
  13. 13. Resources for People in the Greater Philadelphia Area • If you or your loved one are about to have or have had an encounter with the police, you should seek resources in the county where the incident is occurring/has occurred (even if this is different from the county of residence). You will find County level resource contact information at our website. • The PA Premise Alert System allows families to provide information about a person with mental illness to first responders before a problem occurs (www.papremisealert.com).
  14. 14. Presented by NAMI Main Line PA an affiliate of the National Alliance on Mental Illness www.NAMIMainLinePA.org info@NAMIMainLinePA.org The complete document this presentation summarizes can be found at: http://NAMIMainLinePA.org/info-resources/criminal-justice-resources/ All information is current as of publication date; please let us know if you encounter broken hyperlinks.

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