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MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM
Parents of adults afflicted with some form of mental illness need to understand how the criminal justice system works in order to work to best advantage with an attorney. NAMI-CT had seen that such parents needed an easily-understandable legal guide that would help them know what to expect from the criminal justice system. That is why NAMI-CT agreed to help Sheppard Mullin’s volunteer attorneys to define the key issues and to access in-state mental health experts who could assist.
“Parent Guide” to be Completed Late in 2008
Connecticut Appleseed will ensure rigorous review of the draft “Parent Guide for Navigating Mental Health Issues in the Criminal Justice System” by members of the state’s legal and mental health communities. User-friendliness, clarity and accuracy will be key to maximizing its usefulness. We will also partner with other Connecticut organizations to plan and execute the new handbook’s dissemination to parents.
Appleseed’s 2007 Handbook for Attorneys
In 2000 Connecticut’s Department of Mental Health and Addiction Services stated that 12% of the prison population – roughly 1 in 8 state prisoners - had a mental illness serious enough to warrant treatment. According to the Connecticut Department of Corrections’ 2003 categorizations of mental health scores, nearly 40% of inmates have a history of mental illness or current mental health needs. While the percentage of the individuals incarcerated in Connecticut who require mental health services probably lies between these two figures, that percentage is unquestionably significant.
Yet court-appointed attorneys do not always know how to recognize mental illness or understand the special laws and procedures that apply to persons with mental illness. In addition to public defenders, key personnel such as police officers, prosecutors and jail employees may have limited knowledge about severe mental illness and the needs of those suffering from these illnesses. Since criminal procedures are complicated and differ substantially from state to state, state-specific guidebooks are particularly valuable.
King & Spalding LLP Steps Up
The New York City office of King & Spalding LLP volunteered to write a handbook to familiarize Connecticut attorneys with mental health issues and options under our state’s laws. Directed primarily at attorneys representing persons with mental illness in the criminal justice system, this handbook serves two purposes: 1) it educates lawyers how to approach and work with a mentally ill client; and 2) it analyzes relevant sections of the Connecticut codes and assesses recent legal developments that would impact individuals with mental illness.
Review By, and Distribution To, Connecticut Experts
Connecticut Appleseed’s roles in this project included: 1) finding in-state partners to help draft the handbook and then to review that draft; and 2) to distribute the final version. For example, we enlisted the Connecticut Department of Corrections’ Protection & Advocacy office and consulted with Connecticut’s regional health boards, in-state law firms and solo practitioners to recruit attorneys with experience and interest in this field.
In May, 2007 we started distributing copies of “Mental Illness, Your Client and The Criminal Law” to pro bono coordinators for major law firms across Connecticut. Copies were also provided to the Connecticut Public Defender System offices, those of Legal Services and Greater Hartford Legal Aid, and to the in-state individuals who had helped to develop and review the handbook.
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