NCJ Number
65058
Journal
Criminal Law Bulletin Volume: 16 Issue: 1 Dated: (JANUARY/FEBRUARY 1980) Pages: 22-40
Date Published
1980
Length
19 pages
Annotation
AVOIDING CIVIL COMMITMENT OF THE NONDANGEROUS MENTALLY ILL AND FAILING TO PROVIDE ADEQUATE COMMUNITY TREATMENT ALTERNATIVES HAVE RESULTED IN PRESSURE ON THE CRIMINAL JUSTICE SYSTEM.
Abstract
THIS PHENOMENON IS EXPLORED IN AN ARTICLE WHICH EXAMINES THE CHANGES IN THE MENTAL HEALTH LAW OF WISCONSIN--CHANGES SIMILAR TO THOSE IN MANY STATES--WHICH MAKE IT PROCEDURALLY AND SUBSTANTIVELY DIFFICULT TO CIVILLY COMMIT PERSONS BELIEVED TO BE MENTALLY ILL. IN WISCONSIN, THE PRINCIPAL PURPOSE OF THE STANDARD COMMITMENT PROCEDURE WAS TO DEINSTITUTIONALIZE THE NONDANGEROUS MENTALLY ILL. YET THIS EFFORT TO AVOID INSTITUTIONALIZATION HAS RESULTED IN IMPROVISED GOVERNMENTAL RESPONSE THAT NEITHER SERVES THE OBJECTIVE OF DEINSTITUTIONALIZATION NOR THE INTERESTS OF THE NONDANGEROUS MENTALLY ILL PERSON. IN WISCONSIN, THIS FAILURE TO PROVIDE ADEQUATE COMMUNITY TREATMENT ALTERNATIVES HAS RESULTED IN PRESSURE ON THE CRIMINAL JUSTICE SYSTEM TO DEAL WITH NONDANGEROUS DEVIANT BEHAVIOR WITH IMPROVISED PROGRAMS OF ARREST, FREQUENTLY FOLLOWED BY COMMITMENT TO JAIL OR A MENTAL INSTITUTION. SUCH COMMITMENT IS CONTRARY TO THE BEST INTERESTS OF THE INDIVIDUALS. CONFINEMENT REMOVES DEFENDANTS FROM THE COMMUNITY LONG ENOUGH TO SEVER OR DISRUPT CONSTRUCTIVE TIES. AMBIGUOUS LAW, ORIENTATION TOWARD LONG-TERM PATIENTS AND SCARCE RESOURCES ALSO LIMIT THE INSTITUTIONS' RESPONSE AND MAKE INCOMPETENCY COMMITMENT INEFFECTIVE. EXPERIMENTATION HAS BEEN DONE WITH COMPLEX ALTERNATIVES, BUT IT IS TOO EARLY TO ASSESS THEIR EFFECTIVENESS. IF THE OBJECTIVE OF DEINSTITUTIONALIZATION IS TO KEEP THE NONDANGEROUS MENTALLY ILL IN THE COMMUNITY IN CIRCUMSTANCES ACCEPTABLE TO THE COMMUNITY, THERE IS A SIGNIFICANT WAY TO GO TO ACHIEVE THIS OBJECTIVE. SPECIFIC CASES ILLUSTRATE THE ARGUMENT. FOOTNOTES ARE PROVIDED. (MJW)