The Mentally Ill Offender Treatment and Crime Reduction Act of 2004: problems and prospects

Envisioning the next generation of behavioral health and criminal justice interventions

“…The Center for Mental Health Services later supported jail diversion programs through several Targeted Capacity Expansion funding projects. America's Law Enforcement and Mental Health Project was signed into law by President Bill Clinton in 2000, which established the Mental Health Courts Program within the U.S. Department of Justice, and provided grants to develop continuing judicial supervision and the coordinated delivery of services to persons with SMI in the criminal justice system (Litshge & Vaughn, 2009). Even more influential was a second piece of federal legislation: the Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA), signed by President George W. Bush in 2004, which has authorized over $50 million in grants to promote the development of first generation interventions (Council of State Governments, 2012).…”

“…Even more influential was a second piece of federal legislation: the Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA), signed by President George W. Bush in 2004, which has authorized over $50 million in grants to promote the development of first generation interventions (Council of State Governments, 2012). The MIOTCRA, informed by President Bush's New Freedom Commission's 2004 report, recommended diversion from jails and prisons to mental health treatment programs for persons with SMI as an emerging best practice and cost-saving measure (Litshge & Vaughn, 2009). The MIOTCRA offered incentives for state and local governments to create policies and programs that would foster an environment that was supportive of and hospitable to interventions focusing on mental health service linkage for justice-involved persons with SMI.…”

Antecedents, Behaviours, and Court Case Characteristics and Their Effects on Case Outcomes in Litigation for Persons with Schizophrenia

“…Criminal Justice System Involvement It is well established that persons suffering from schizophrenia and other severe mental illnesses experience higher rates of incarceration (Greenberg et al, 2011;Litschge & Michsel, 2009). However, in a more recent empirical investigation, it was concluded that 'while symptom severity and particular schizophrenia symptoms may be associated with violent behaviour they are not associated with greater CJS [criminal justice system] involvement in general' (Greenberg et al, 2011, p. 733).…”

“…When people with mental illness harm others, the courts refuse to consider their mental state in determining civil liability. Litschge and Michsel (2009), drawing upon the work of Pogorzelski, Wolff, Pan, and Blitz (2005), show the unintended negative effects that mentally-ill offenders confront after incarceration, including but not limited to the denial of voting rights and parental rights.…”

Final-Stage Diversion

“…The Court has also singled out certain groups by extending the Eighth Amendment safeguard against cruel and unusual punishment to prohibit the execution of individuals with mental retardation ( Atkins v. Virginia , 2002) and juveniles ( Roper v. Simmons , 2005); individuals with severe mental disorders, if unable to understand the nature of and reason for execution, are also excluded from the death penalty ( Ford v. Wainwright , 1986). As a more compelling argument, Litschge and Vaughn (2009) noted that pleading guilty is a common prerequisite for most diversion programs and that defendants with mental disorders may have diminished capacities (Redlich, 2005) to make rational decisions. From a clinical perspective, this issue must be clearly addressed within the context of informed consent.…”