Book contents
- Decriminalizing Mental Illness
- Decriminalizing Mental Illness
- Copyright page
- Contents
- Contributors
- Part I Introduction/Description of the Problem
- Part II Solutions
- Part III Psychopharmacological Treatment Considerations
- Part IV Nonpsychopharmacological Treatment Considerations
- Part V Criminal Justice and Social Considerations
- Chapter 28 Tipping the Scales Of Justice: The Role of Forensic Evaluations in the Criminalization of Mental Illness
- Chapter 29 Competence to Stand Trial and Criminalization: An Overview of the Research
- Chapter 30 Risk Factors for Recidivism in Individuals Receiving Community Sentences: A Systematic Review and Meta-Analysis
- Chapter 31 Developing Policies for Adult Sexual Minorities with Mental Health Needs in Secured Settings
- Chapter 32 An Overview of Jail-Based Competency Restoration
- Chapter 33 Fixated Threat Assessment Centres: Preventing Harm and Facilitating Care in Public Figure Threat Cases and Those Thought to Be at Risk of Lone-Actor Grievance-Fuelled Violence
- Chapter 34 Decriminalizing LGBTQ+: Reproducing and Resisting Mental Health Inequities
- Chapter 35 Building a Therapeutic Relationship Between Probation Officers and Probationers with Serious Mental Illnesses
- Chapter 36 Length of Stay for Inpatient Incompetent to Stand Trial (IST) Patients: Importance of Clinical and Demographic Variables
- Chapter 37 Severe Mentally Ill Patients: Our Global Migrants
- Index
- References
Chapter 32 - An Overview of Jail-Based Competency Restoration
from Part V - Criminal Justice and Social Considerations
Published online by Cambridge University Press: 19 October 2021
- Decriminalizing Mental Illness
- Decriminalizing Mental Illness
- Copyright page
- Contents
- Contributors
- Part I Introduction/Description of the Problem
- Part II Solutions
- Part III Psychopharmacological Treatment Considerations
- Part IV Nonpsychopharmacological Treatment Considerations
- Part V Criminal Justice and Social Considerations
- Chapter 28 Tipping the Scales Of Justice: The Role of Forensic Evaluations in the Criminalization of Mental Illness
- Chapter 29 Competence to Stand Trial and Criminalization: An Overview of the Research
- Chapter 30 Risk Factors for Recidivism in Individuals Receiving Community Sentences: A Systematic Review and Meta-Analysis
- Chapter 31 Developing Policies for Adult Sexual Minorities with Mental Health Needs in Secured Settings
- Chapter 32 An Overview of Jail-Based Competency Restoration
- Chapter 33 Fixated Threat Assessment Centres: Preventing Harm and Facilitating Care in Public Figure Threat Cases and Those Thought to Be at Risk of Lone-Actor Grievance-Fuelled Violence
- Chapter 34 Decriminalizing LGBTQ+: Reproducing and Resisting Mental Health Inequities
- Chapter 35 Building a Therapeutic Relationship Between Probation Officers and Probationers with Serious Mental Illnesses
- Chapter 36 Length of Stay for Inpatient Incompetent to Stand Trial (IST) Patients: Importance of Clinical and Demographic Variables
- Chapter 37 Severe Mentally Ill Patients: Our Global Migrants
- Index
- References
Summary
Forensic populations in the United States are increasing, driven largely by a rise in individuals determined to be incompetent to stand trial (IST). According to the California Department of State Hospitals’ 2017 Annual Report, the most common type of commitment (22% of all commitments) was defendants adjudicated IST. While just five years ago, 343 mentally ill inmates were awaiting placement for competency restoration services, as of 2018, that number has increased to a staggering 819. As defined by the Dusky v. United States (1960) standard, a competent defendant must have the capacity to understand the legal proceedings, which includes an understanding of the various participants in the justice process. Defendants must also be able to function within the legal system by consulting with their attorneys.
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- Decriminalizing Mental Illness , pp. 321 - 327Publisher: Cambridge University PressPrint publication year: 2021