Characterizing Arrests and Charges Among Individuals With Serious Mental Illnesses in Public-Sector Treatment Settings

Compton, Michael T.; Graves, JaShala; Zern, Adria; Pauselli, Luca; Anderson, Simone; Ashekun, Oluwatoyin; Ellis, Samantha; Langlois, Stephanie; Pope, Leah G.; Watson, Amy C.; Wood, Jennifer

doi:10.1176/appi.ps.202000581

Cited by 8 publications

(3 citation statements)

References 29 publications

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“…How do we overcome the competence crisis? The criminalization of mental illness, unintended effects of pretrial justice reform, poverty, homelessness, lack of social services, underresourced state mental health authorities, and a “revolving door” of individuals with mental illness in and out of jail (Compton et al, 2022; Dvoskin et al, 2020; Pinals & Callahan, 2020; Pope et al, 2022) are all probable contributors that warrant attention. But a critical first step toward ameliorating the competence system’s problems is to understand its very first demand: How many competence evaluations do the courts order each year?…”

Section: Realities Of the Competence Crisismentioning

confidence: 99%

Court-reported competence to proceed data across the United States.

Kois,

Potts,

Cox

et al. 2024

Law and Human Behavior

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Objective: Competence to proceed (CTP) is a constitutional protection intended to facilitate fairness and dignity of court proceedings. Researchers have estimated that between 60,000 and 94,000 defendants are evaluated for CTP each year. Yet no research has systematically identified the number of evaluations conducted each year, despite their critical role and many profound implications. We used large-scale, systematic data collection to address this knowledge gap. Hypotheses: Given the siloed nature of the judicial and forensic mental health systems, we anticipated incomplete data and that the number of evaluations would far exceed previous estimates. Method: In September 2019, we used public information requests to solicit CTP evaluation order data from the judiciaries of 50 U.S. states, the District of Columbia, and the Federal Bureau of Prisons. We accepted evaluation proxies, such as evaluations ordered or evaluations filed, from the 2018/2019 calendar/fiscal year. We used Uniform Crime Reporting data to estimate a nationwide evaluation-to-arrest ratio and annual evaluation volume. Results: Twenty-five states provided data. We deemed data from 18 states acceptable while acknowledging that data likely underrepresented actual evaluation volume. By extrapolating data from these 18 states, we estimated a conservative national evaluation-to-arrest ratio of 0.015 (95% confidence interval [−0.007, 0.037]), which suggested that 15 evaluations are conducted per 1,000 arrests each year. Consequently, it seems likely that at least 140,000 evaluations are ordered each year nationwide, with several hundred people referred for evaluations each day. Conclusions: Annual CTP evaluation volume likely far exceeds previous estimates. Transparent data are difficult, if not impossible, to obtain. As a result, researchers, legal and forensic mental health professionals, and policymakers lack the ability to implement informed, constitutionally protected CTP practices. Key implications, research directions, and detailed data infrastructure recommendations are provided.

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Section: Realities Of the Competence Crisismentioning

confidence: 99%

Court-reported competence to proceed data across the United States.

Kois,

Potts,

Cox

et al. 2024

Law and Human Behavior

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“…A recent Georgia-based study (Compton, Graves, et al, 2022 ) analyzed criminal records of 240 patients enrolled in 3 inpatient psychiatric facilities. Findings indicated that 71% of the sample experienced an arrest at some point in their lifetime.…”

Section: Introductionmentioning

confidence: 99%

Contexts shaping misdemeanor system interventions among people with mental illnesses: qualitative findings from a multi-site system mapping exercise

et al. 2023

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Background People with mental illnesses are disproportionately entangled in the criminal legal system. Historically, this involvement has resulted from minor offending, often accompanied by misdemeanor charges. In recent years, policymakers have worked to reduce the footprint of the criminal legal system. This paper seeks to better understand how misdemeanor systems intervene in the lives of people with mental illnesses. Methods System mapping exercises were conducted with misdemeanor system stakeholders from the jurisdictions of Atlanta, Chicago, Manhattan, and Philadelphia. Narrative detail on decision-making and case processing, both generally and in relation to specific types of behavior, including trespassing, retail theft/shoplifting, and simple assault, were coded and analyzed for thematic patterns. Based on the qualitative analysis, this paper offers a conceptual diagram of contexts shaping misdemeanor system interventions among people with mental illnesses. Results All four sites have been engaged in efforts to reduce the use of misdemeanor charges both generally and in relation to people with mental illnesses. Decision-makers across all sites experience contexts that shape how, when, and where they intervene, which are: (1) law and policy environments; (2) location of the behavior; (3) expectations of stakeholders; (4) knowledge of mental illnesses; and (5) access to community resources. Law and policy environments expand or constrain opportunities for diversion. The location of offending is relevant to who has a stake in the behavior, and what demands they have. Clinical, experiential, and system-level knowledge of mental illnesses inform a chain of decisions about what to do. The capacity to address mental health needs is contingent on access to social services, including housing. Conclusion People making decisions along the criminal legal continuum are critical to illuminating the dynamic, inter-related contexts that facilitate and frustrate attempts to address defendants’ mental health needs while balancing considerations of public safety. Multi-sector, scenario-based or case study exercises could help identify concrete ways of improving each of the contexts that surround whole-of-system decisions.

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“…Moreover, previous scholarship also shows that although use of force occurs in fewer than 1% of all police interactions (Baldwin et al., 2018), PwPMI disproportionately experience use of force (Laniyonu & Goff, 2021; Yang et al., 2018a), and particularly so when co‐occurring issues are present, such as mental illness and substance use (Morabito et al., 2017). Arrest is a similarly rare occurrence when it comes to PwPMI calls (Charette et al., 2011, 2014; Shore & Lavoie, 2018); however, PwPMI have a higher probability of arrest (Charette et al., 2014; Compton et al., 2022; Lamb & Weinberger, 1998; Teplin, 1984; Teplin & Pruett, 1992) and especially so for disorder‐related offences (Charette et al., 2011, 2014; Fisher et al., 2011; Schulenberg, 2016).…”

mentioning

confidence: 99%

The spatial (in)stability of mental health calls for police service

Koziarski

2022

Criminology & Public Policy

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Research summary Inspired by studies on crime concentration, scholars have begun examining the spatial patterns of other issues under the police mandate, such as calls for service involving persons with perceived mental illness (PwPMI). While findings show that PwPMI calls for service concentrate in a few number of places, we do not know whether the concentration of these calls fall within a narrow bandwidth of spatial units nor whether these calls are spatially stable. Drawing on 7 years of calls for service data from the Barrie Police Service, this study tests for the temporal stability of PwPMI call for service concentrations at two units of spatial analysis and applies a longitudinal variation of the Spatial Point Pattern Test to assess the spatial stability of these calls at both the global and local levels. The results reveal that concentrations of PwPMI calls for service not only fall within a narrow proportional bandwidth of spatial units, but are spatially stable, even during the COVID‐19 pandemic. Policy implications Existing police‐ and community‐based efforts that respond to PwPMI in the community are tasked with responding to crises that could have been prevented with timelier intervention. Drawing from crime‐focused, place‐based policing strategies whose deployment is informed by the spatial concentration of crime, scholars have similarly argued that knowledge on where PwPMI calls for service concentrate can be leveraged to inform and deploy place‐based efforts whose focus is to assist PwPMI in a proactive capacity. The findings of the present study further substantiates the deployment of PwPMI‐focused police‐ and community‐based resources as proactive, place‐based efforts. In doing so, these efforts could not only prevent mental health crises from occurring but could prevent future police‐involved calls for service and thus reduce the footprint of the police in the lives of PwPMI in a reactive capacity.

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Characterizing Arrests and Charges Among Individuals With Serious Mental Illnesses in Public-Sector Treatment Settings

Cited by 8 publications

References 29 publications

Court-reported competence to proceed data across the United States.

Court-reported competence to proceed data across the United States.

Contexts shaping misdemeanor system interventions among people with mental illnesses: qualitative findings from a multi-site system mapping exercise

The spatial (in)stability of mental health calls for police service

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