Resource Grab Bag
The Council of State Governments Justice Center released two guides on the rights of crime victims whose cases involve a person with a mental illness. Both were supported by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Responding to People Who Have Been Victimized by Individuals with Mental Illnesses is the first national publication on this topic. According to the guide, when individuals accused of a crime are found “not guilty by reason of insanity” or are court-ordered to receive treatment in a mental health facility, their victims may not receive the same rights to notification and participation as other victims in the criminal justice system. After these individuals are transferred to mental health facilities, criminal justice professionals may not be able to assist victims because they no longer have direct access to relevant case information. And mental health system workers often lack clear legal authority and direction on who is responsible for serving these victims. They also must comply with strict confidentiality regulations related to the accused receiving treatment in a mental health facility. The guide details steps policymakers, advocates, mental health professionals and others can take to understand and protect the rights and safety of these crime victims.

A Guide to the Role of Crime Victims in Mental Health Courts offers practical recommendations to mental health court practitioners about how to engage crime victims in case proceedings. The guide asserts that the rights due victims in criminal court proceedings are not always made available to individuals who are victimized by people accepted into mental health courts, mostly because of confusion about medical privacy compliance. Mental health courts lack preliminary hearings, witness testimony and motion hearings that are found in criminal court proceedings. The guide outlines how standard rights adhered to in these proceedings can be adapted for mental health court operations. In addition to recommending collaborative strategies for notifying victims about changes in case status and involving them in appropriate proceedings, the guide provides examples of how some mental health and other specialty courts have addressed crime victims’ needs in Alaska, Arizona, California, Illinois, Missouri, New Mexico, New York and Wisconsin. For more information about both publications, visit www.justicecenter.csg.org/media/press_releases.

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) has published Juvenile Transfer Laws: An Effective Deterrent to Delinquency? In an effort to strengthen sanctions for serious juvenile crimes, most states enacted laws expanding the types of offenders and offenses eligible for transfer from juvenile courts to adult criminal courts. This bulletin provides an overview of research on the deterrent effects of such transfers, focusing on OJJDP-funded studies on the effect of transfer laws on recidivism. The information it provides should help inform public discussion and policy decisions. The bulletin is available online at http://ojjdp.ncjrs.gov/publications/PubAbstract.asp?pubi=242419.

 

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