A joint committee hearing involving the House Corrections Committee's subcommittee on Substance Abuse and Mental Illness and the House Committee on Appropriations subcommittee on Criminal Justice will take place on Thursday, May 29, 2008 at 10:00 AM in E1.030 at the State Capitol.
The committees will hear public testimony on the following interim charges:
Review and research the availability, coordination, efficiency, and allocation of substance abuse treatment resources for probationers, pretrial defendants, people in the custody of the Texas Department of Criminal Justice (TDCJ), and parolees. This review should include methods to reduce and improve current assessments, training, and referring protocols and the identification of any barriers that may be impeding all of the above.
Assess the relationship between mental illness and criminal behavior and offer reforms needed to address the proliferation of mental illness in the adult and juvenile criminal justice systems. This review should include an examination of data sharing between criminal justice and health and
human services agencies, proper screening, assessments, treatment, discharge planning, post-release supervision, and community services.
http://www.legis.state.tx.us/tlodocs/80R/schedules/html/C2002008052910001.HTM
Friday, May 16, 2008
Thursday, May 15, 2008
Mother with Mental Illness Pleads Guilty
According to the Tyler Morning Telegraph, Catherine Alana Stevens, a woman with a long history of mental illness, has plead guilty to murdering her 2-year-old son, William. ("Stevens Found Guilty Of Son’s Murder," May 10, 2008) Charged with capital murder, Stevens faced the death penalty at one point. With her plea agreement, she was given a life sentence and will be eligible for parole after serving 30 years. Unlike at least five other recent cases involving mothers with mental illness who have killed their children, Stevens will not receive mental health services or be committed to a state mental hospital.
Here are excerpts from the article:
"Smith County District Attorney Matt Bingham requested that her capital murder indictment be dismissed because of the plea agreement and 7th District Judge Kerry Russell granted it after he sentenced the defendant.
'We are very pleased with the resolution to this case through the hard work of the Tyler Police Department and First Assistant District Attorney April Sikes,' Bingham said. 'We were able to show that in fact (Mrs. Stevens) was not insane.'
Defense attorneys Brett Harrison and Tonda Curry had earlier filed a notice of intent to raise the insanity defense in her capital murder trial but withdrew the motion during the hearing. They said Mrs. Stevens was examined Friday by a doctor who found her competent to proceed with the guilty plea.
'In this case, this mother who killed her child will not be going to a state hospital,' Bingham said. 'She will be going to the penitentiary for life and will not be eligible for parole for 30 years, ensuring that she spends virtually the rest of her life in the penitentiary without a trial and having waived all rights to appeal.'
Bingham said there was no question that Mrs. Stevens had a lengthy history of mental illness, but it did not equate to legal insanity.
'Our (mental health) experts found on the night in question that she knew her conduct was wrong,'he said.
Harrison said the case was a terrible tragedy. He said all of the mental health experts, hired by the state and defense, agreed she had a long history of severe mental disease; but, under Texas law, that alone is not sufficient to establish the insanity defense. Because of that, Mrs. Stevens chose to plead guilty.
'This was fully her decision and we support her decision,' Harrison said.
Under Texas law, people are found legally insane if, at the time of an offense, they did not know their conduct was wrong because of some mental illness or defect.
Mrs. Stevens, clad in a tan jail jumpsuit and shackles, told the judge that over the last five years she had been confined several times in the Rusk State Hospital, a couple of times at the Behavioral Health Center and once at a Dallas hospital. She said she was treated for depression with psychosis.
Harrison said she was found competent to stand trial by several doctors early on in the case, but was examined again Friday before the guilty plea. ..."
and
"Mrs. Stevens was not the first woman to raise the insanity defense in her capital murder case in Smith County.
In 2004, Deanna Laney was found not guilty by reason of insanity by a Smith County jury after she stoned two of her young sons to death and critically injured her toddler in 2003.
After Ms. Laney was acquitted, 114th District Judge Cynthia Stevens Kent ordered her to be placed in a maximum-security inpatient treatment facility. Since then, Judge Kent has presided over closed-door civil commitment hearings each year and determined that Ms. Laney should remain at an inpatient facility."
Here are excerpts from the article:
"Smith County District Attorney Matt Bingham requested that her capital murder indictment be dismissed because of the plea agreement and 7th District Judge Kerry Russell granted it after he sentenced the defendant.
'We are very pleased with the resolution to this case through the hard work of the Tyler Police Department and First Assistant District Attorney April Sikes,' Bingham said. 'We were able to show that in fact (Mrs. Stevens) was not insane.'
Defense attorneys Brett Harrison and Tonda Curry had earlier filed a notice of intent to raise the insanity defense in her capital murder trial but withdrew the motion during the hearing. They said Mrs. Stevens was examined Friday by a doctor who found her competent to proceed with the guilty plea.
'In this case, this mother who killed her child will not be going to a state hospital,' Bingham said. 'She will be going to the penitentiary for life and will not be eligible for parole for 30 years, ensuring that she spends virtually the rest of her life in the penitentiary without a trial and having waived all rights to appeal.'
Bingham said there was no question that Mrs. Stevens had a lengthy history of mental illness, but it did not equate to legal insanity.
'Our (mental health) experts found on the night in question that she knew her conduct was wrong,'he said.
Harrison said the case was a terrible tragedy. He said all of the mental health experts, hired by the state and defense, agreed she had a long history of severe mental disease; but, under Texas law, that alone is not sufficient to establish the insanity defense. Because of that, Mrs. Stevens chose to plead guilty.
'This was fully her decision and we support her decision,' Harrison said.
Under Texas law, people are found legally insane if, at the time of an offense, they did not know their conduct was wrong because of some mental illness or defect.
Mrs. Stevens, clad in a tan jail jumpsuit and shackles, told the judge that over the last five years she had been confined several times in the Rusk State Hospital, a couple of times at the Behavioral Health Center and once at a Dallas hospital. She said she was treated for depression with psychosis.
Harrison said she was found competent to stand trial by several doctors early on in the case, but was examined again Friday before the guilty plea. ..."
and
"Mrs. Stevens was not the first woman to raise the insanity defense in her capital murder case in Smith County.
In 2004, Deanna Laney was found not guilty by reason of insanity by a Smith County jury after she stoned two of her young sons to death and critically injured her toddler in 2003.
After Ms. Laney was acquitted, 114th District Judge Cynthia Stevens Kent ordered her to be placed in a maximum-security inpatient treatment facility. Since then, Judge Kent has presided over closed-door civil commitment hearings each year and determined that Ms. Laney should remain at an inpatient facility."
TX Dept. of State Health Services Awards $25 Million in Grants
The Texas Department of State Health Services (DSHS) has awarded $25 million in new funding to 17 local mental health centers for community-based crisis mental health services.
A total of $21.4 million has been granted to 14 local mental health centers to establish or enhance psychiatric emergency service centers or other facilities that will divert mentally ill patients from hospitals or jails by treating them efficiently in more appropriate settings. Another $3.5 million will enable 5 mental health entities to provide outpatient treatment to people who have been found incompetent to stand trial.
According to DSHS, "The funding is part of an overall effort to increase access to crisis response services, reduce the need for hospitalizations and provide alternatives to incarceration for those in mental health crises. Crises may include situations in which people are, or believe they are, suicidal, a danger to others or having significant deterioration due to a mental condition." The $25 million is part of a $82 million two-year appropriation provided by the Texas Legislature in 2007.
Read the news release from DSHS.
Here are details on some of the projects that have received funding:
Tarrant County has received more than $4 million to pay for four new mental health crisis service programs, including one that could keep patients found incompetent to stand trial out of state hospitals. The funding will pay for programs such as restorative mental healthcare for prisoners in the Tarrant County Jail, a crisis stabilization unit, and more adult residential and respite services. (Fort Worth Star-Telegram)
Austin Travis County Mental Health Mental Retardation Center has been awarded $4.6 million to establish a crisis stabilization unit for adults, where people experiencing suicidal, delusional or violent behaviors can be evaluated and stabilized. The grant will also pay for crisis transitional housing, where patients can receive care. (Austin American-Statesman)
El Paso Mental Health and Mental Retardation has been awarded $1.8 million grant to provide community-based crisis mental health services to El Paso County. (El Paso Times)
The Burke Center, in East Texas (Lufkin), received $1.66 million to establish a psychiatric emergency program. "The money, combined with funding from local hospitals, county governments and help from the T.L.L. Temple Foundation in finding a facility in Lufkin to use for the program, means Lufkin will soon have the only psychiatric emergency facility in the Deep East Texas region." (Lufkin Daily News)
The Heart of Texas Region Mental Health Mental Retardation Center, based in Waco, will receive more than $1.7 million in state money to launch a new center for people in psychiatric crisis. The center will include a short-term observation unit, a 16-bed residential unit for people who need a place to stay for 1-2 weeks while receiving treatment, and another 16-bed unit known as the "safe haven" program for those who are no longer in crisis but who need assistance with transitioning back into the community. (Waco Tribune)
All of these projects aim to relieve the stress on law enforcement and local emergency rooms and to provide critical assistance to those with mental illness and their families.
A total of $21.4 million has been granted to 14 local mental health centers to establish or enhance psychiatric emergency service centers or other facilities that will divert mentally ill patients from hospitals or jails by treating them efficiently in more appropriate settings. Another $3.5 million will enable 5 mental health entities to provide outpatient treatment to people who have been found incompetent to stand trial.
According to DSHS, "The funding is part of an overall effort to increase access to crisis response services, reduce the need for hospitalizations and provide alternatives to incarceration for those in mental health crises. Crises may include situations in which people are, or believe they are, suicidal, a danger to others or having significant deterioration due to a mental condition." The $25 million is part of a $82 million two-year appropriation provided by the Texas Legislature in 2007.
Read the news release from DSHS.
Here are details on some of the projects that have received funding:
Tarrant County has received more than $4 million to pay for four new mental health crisis service programs, including one that could keep patients found incompetent to stand trial out of state hospitals. The funding will pay for programs such as restorative mental healthcare for prisoners in the Tarrant County Jail, a crisis stabilization unit, and more adult residential and respite services. (Fort Worth Star-Telegram)
Austin Travis County Mental Health Mental Retardation Center has been awarded $4.6 million to establish a crisis stabilization unit for adults, where people experiencing suicidal, delusional or violent behaviors can be evaluated and stabilized. The grant will also pay for crisis transitional housing, where patients can receive care. (Austin American-Statesman)
El Paso Mental Health and Mental Retardation has been awarded $1.8 million grant to provide community-based crisis mental health services to El Paso County. (El Paso Times)
The Burke Center, in East Texas (Lufkin), received $1.66 million to establish a psychiatric emergency program. "The money, combined with funding from local hospitals, county governments and help from the T.L.L. Temple Foundation in finding a facility in Lufkin to use for the program, means Lufkin will soon have the only psychiatric emergency facility in the Deep East Texas region." (Lufkin Daily News)
The Heart of Texas Region Mental Health Mental Retardation Center, based in Waco, will receive more than $1.7 million in state money to launch a new center for people in psychiatric crisis. The center will include a short-term observation unit, a 16-bed residential unit for people who need a place to stay for 1-2 weeks while receiving treatment, and another 16-bed unit known as the "safe haven" program for those who are no longer in crisis but who need assistance with transitioning back into the community. (Waco Tribune)
All of these projects aim to relieve the stress on law enforcement and local emergency rooms and to provide critical assistance to those with mental illness and their families.
Wednesday, May 14, 2008
Pilot Crisis Intervention Project in Houston
According to the Houston Chronicle, ("Mental health experts, HPD team up to help patients," May 13, 2008), the Houston Police Department has developed a new pilot program aimed at defusing crisis situations involving people with mental illness.
Here's the article:
"Mental health professionals are riding alongside Houston police in a six-month pilot program designed to help defuse crisis situations involving unstable people, officials said.
The program, which began this month, pairs an HPD officer with a licensed mental health case worker to form a Crisis Intervention Response Team, officials said.
'The CIRT program is the only one of its kind in the state of Texas,' HPD Chief Harold Hurtt said Wednesday.
HPD officials said two officers are assigned full-time to the program while a second pair are working on a part-time basis. The officers are certified in crisis intervention.
Unlike other CIT-trained officers, those in the CIRT program will respond solely to scenes involving possible mental health issues, officials said.
'You actually have the opportunity to do follow-ups because I'm not hampered by other calls for service,' said Eric Chimney, one of the HPD officers assigned to the pilot program.
The department has about 1,000 CIT-trained officers — with about 800 assigned to patrol units. They will remain the first line of response for the 1,200 to 1,500 mental health crisis calls received each month, officials said.
With a mental health worker at their side, the officer will have immediate access to critical information, such as medical background.
'Officers don't have that type of access, but working together, we do now,' said HPD Lt. Michael Lee, supervisor of the department's crisis intervention teams.
The clinicians, who work for the Mental Health and Mental Retardation Authority, will help after HPD officers secure the scene, officials said."
Here's the article:
"Mental health professionals are riding alongside Houston police in a six-month pilot program designed to help defuse crisis situations involving unstable people, officials said.
The program, which began this month, pairs an HPD officer with a licensed mental health case worker to form a Crisis Intervention Response Team, officials said.
'The CIRT program is the only one of its kind in the state of Texas,' HPD Chief Harold Hurtt said Wednesday.
HPD officials said two officers are assigned full-time to the program while a second pair are working on a part-time basis. The officers are certified in crisis intervention.
Unlike other CIT-trained officers, those in the CIRT program will respond solely to scenes involving possible mental health issues, officials said.
'You actually have the opportunity to do follow-ups because I'm not hampered by other calls for service,' said Eric Chimney, one of the HPD officers assigned to the pilot program.
The department has about 1,000 CIT-trained officers — with about 800 assigned to patrol units. They will remain the first line of response for the 1,200 to 1,500 mental health crisis calls received each month, officials said.
With a mental health worker at their side, the officer will have immediate access to critical information, such as medical background.
'Officers don't have that type of access, but working together, we do now,' said HPD Lt. Michael Lee, supervisor of the department's crisis intervention teams.
The clinicians, who work for the Mental Health and Mental Retardation Authority, will help after HPD officers secure the scene, officials said."
Upcoming Event in New York
Here's a great opportunity for folks in New York City to learn more about the issues surrounding mental illness and the death penalty and to hear from an outstanding panel of experts:
"Mental Illness & the Death Penalty"
Sponsored by the New York City Bar Association
42 West 44th Street, New York, NY
Thursday, May 29, 2008, 6:30 P.M.
FREE & OPEN TO THE PUBLIC
Mental Illness & the Death Penalty:
This program will look at many of the complicated issues involved with mental illness and the imposition of the death penalty in a civilized society. When, if at all, can the severely mentally ill form the requisite intent required for capital murder? What should be done when a severely mentally ill person lacks the competency to aid in his/her own defense, to waive appeals, to "volunteer" to be executed? The program will also look at issues concerning how mental illness may be raised during trial. And finally, it will address policies on mental illness which have been adopted by the American Bar Association, and by the American Psychological Association, and the American Psychiatric Association (among others).
Panelists:
- Dr. Xavier Amador, Adjunct Professor of Clinical Psychology--Teacher's College, Columbia University
- Richard Burr, Burr & Welch
- Ronald Honberg, National Director for Policy and Legal Affairs, National Alliance on Mental Illness
- David Kacynski, Executive Director, New Yorkers Against the Death Penalty
Moderator: Ronald Tabak, Esq., Special Counsel ---- Skadden, Arps, Slate, Meagher & Flom LLP
Program sponsored by the New York City Bar Association's Committee on Capital Punishment.
Stephen Greenwald, Esq, Chair
"Mental Illness & the Death Penalty"
Sponsored by the New York City Bar Association
42 West 44th Street, New York, NY
Thursday, May 29, 2008, 6:30 P.M.
FREE & OPEN TO THE PUBLIC
Mental Illness & the Death Penalty:
This program will look at many of the complicated issues involved with mental illness and the imposition of the death penalty in a civilized society. When, if at all, can the severely mentally ill form the requisite intent required for capital murder? What should be done when a severely mentally ill person lacks the competency to aid in his/her own defense, to waive appeals, to "volunteer" to be executed? The program will also look at issues concerning how mental illness may be raised during trial. And finally, it will address policies on mental illness which have been adopted by the American Bar Association, and by the American Psychological Association, and the American Psychiatric Association (among others).
Panelists:
- Dr. Xavier Amador, Adjunct Professor of Clinical Psychology--Teacher's College, Columbia University
- Richard Burr, Burr & Welch
- Ronald Honberg, National Director for Policy and Legal Affairs, National Alliance on Mental Illness
- David Kacynski, Executive Director, New Yorkers Against the Death Penalty
Moderator: Ronald Tabak, Esq., Special Counsel ---- Skadden, Arps, Slate, Meagher & Flom LLP
Program sponsored by the New York City Bar Association's Committee on Capital Punishment.
Stephen Greenwald, Esq, Chair
Educational Opportunity for Lawyers
ABA Center for Continuing Legal Education presents...
Mental Illness and the Death Penalty: New Hope for Those Threatened with Execution
A 90-Minute Teleconference and Live Audio Webcast
Tuesday, June 3, 2008
1-2:30 PM EDT (Noon-1:30 PM CDT11 AM-12:30 PM MDT 10-11:30 AM PDT)
The American Bar Association has adopted ground-breaking policies that it believes should apply to the consideration of mental illness in the context of the death penalty. This panel will address circumstances under which defendants with serious mental disabilities should not be executed.
Dorean Koenig will address under what circumstances a severely mentally ill defendant should be exempt from the death penalty, and discuss when a death row inmate is too incompetent to waive appeals, assist counsel, or be executed. John Blume will share his insights on what can be done during litigation in light of the ABA policies. Dr. Richard Dudley will describe the impact of mental retardation and certain other major psychiatric disorders on a person's ability to function. He will then clarify the type of illnesses and resultant dysfunction that could qualify for an exemption from the death penalty, under the ABA proposal.
Section of Individual Rights and Responsibilities Members pay just $85. Other ABA members pay $125. Other Lawyers: $150
Register Now! http://maestro.abanet.org/trk/click?ref=zpqri74vj_3-6065x39108x123738&
[Note: There will be a lower fee for non-lawyers - more information about that coming soon.]
Full Panel:
Ron Tabak (Moderator), Special Counsel, Skadden, Arps, Slate, Meagher & Flom, LLP, NY, NY
John H. Blume, III, Professor of Law, Cornell Law School; Director, Cornell Death Penalty Project, Ithaca, NY
Richard G. Dudley, Jr., MD, Psychiatrist, New York, NY
Dorean Koenig, Professor of Law, Thomas Cooley School of Law, Lansing, MI
Mental Illness and the Death Penalty: New Hope for Those Threatened with Execution
A 90-Minute Teleconference and Live Audio Webcast
Tuesday, June 3, 2008
1-2:30 PM EDT (Noon-1:30 PM CDT11 AM-12:30 PM MDT 10-11:30 AM PDT)
The American Bar Association has adopted ground-breaking policies that it believes should apply to the consideration of mental illness in the context of the death penalty. This panel will address circumstances under which defendants with serious mental disabilities should not be executed.
Dorean Koenig will address under what circumstances a severely mentally ill defendant should be exempt from the death penalty, and discuss when a death row inmate is too incompetent to waive appeals, assist counsel, or be executed. John Blume will share his insights on what can be done during litigation in light of the ABA policies. Dr. Richard Dudley will describe the impact of mental retardation and certain other major psychiatric disorders on a person's ability to function. He will then clarify the type of illnesses and resultant dysfunction that could qualify for an exemption from the death penalty, under the ABA proposal.
Section of Individual Rights and Responsibilities Members pay just $85. Other ABA members pay $125. Other Lawyers: $150
Register Now! http://maestro.abanet.org/trk/click?ref=zpqri74vj_3-6065x39108x123738&
[Note: There will be a lower fee for non-lawyers - more information about that coming soon.]
Full Panel:
Ron Tabak (Moderator), Special Counsel, Skadden, Arps, Slate, Meagher & Flom, LLP, NY, NY
John H. Blume, III, Professor of Law, Cornell Law School; Director, Cornell Death Penalty Project, Ithaca, NY
Richard G. Dudley, Jr., MD, Psychiatrist, New York, NY
Dorean Koenig, Professor of Law, Thomas Cooley School of Law, Lansing, MI
NAMI Advocate Speaks about the Death Penalty
The Equal Justice Edition, a newsletter from Equal Justice USA, features the following quote from Kathleen Bayes, whose husband struggled with mental illness. Bayes is the Executive Director of NAMI Fort Wayne, in Indiana.
"The death penalty is often given in cases of particularly violent or baseless crimes. Such crimes are often committed by people who suffer from serious brain disorders. These are not crimes of choice. When such people are medicated and find out what they have done, they are as horrified as anyone else would be.
This very well could have happened to my husband. Today, after treatment, he is a brilliant, kind, and gentle person, just as he was before he became ill. It is the worst nightmare of NAMI families to have a loved one hurt someone and face the death penalty. What the capital punishment system does to a family is horrific, with the torment of publicity and appeals that last for years and years -- all for something the person would not have done if they were in their right mind.
The failure of our society to treat people with mental illness is a disaster. As we have closed our state mental hospitals around the country, jails and prisons have taken over, becoming in effect our country's largest mental institutions. We are criminalizing mental illness, when we should be treating it."
Equal Justice USA (EJUSA) is a national leader in the movement to halt executions. It works state by state to train and empower grassroots leaders to advocate for a more fair and humane criminal justice system. Go to http://www.ejusa.org/ to learn more about the organization and to sign up for the Equal Justice Edition newsletter.
"The death penalty is often given in cases of particularly violent or baseless crimes. Such crimes are often committed by people who suffer from serious brain disorders. These are not crimes of choice. When such people are medicated and find out what they have done, they are as horrified as anyone else would be.
This very well could have happened to my husband. Today, after treatment, he is a brilliant, kind, and gentle person, just as he was before he became ill. It is the worst nightmare of NAMI families to have a loved one hurt someone and face the death penalty. What the capital punishment system does to a family is horrific, with the torment of publicity and appeals that last for years and years -- all for something the person would not have done if they were in their right mind.
The failure of our society to treat people with mental illness is a disaster. As we have closed our state mental hospitals around the country, jails and prisons have taken over, becoming in effect our country's largest mental institutions. We are criminalizing mental illness, when we should be treating it."
Equal Justice USA (EJUSA) is a national leader in the movement to halt executions. It works state by state to train and empower grassroots leaders to advocate for a more fair and humane criminal justice system. Go to http://www.ejusa.org/ to learn more about the organization and to sign up for the Equal Justice Edition newsletter.
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