Justice Center Releases First National Publications on Victims of Crimes Committed by People with Mental Illnesses

The Council of State Governments Justice Center recently published two guides on the rights of individuals who have been victimized by people with mental illnesses  the first ever national publications on this topic. Both were supported by the Office for Victims of Crime (OVC), Office of Justice Programs, U.S. Department of Justice.

The first, Responding to People Who Have Been Victimized by Individuals with Mental Illnesses, details steps policymakers, advocates, and mental health professionals can take to understand and protect the rights and safety of these crime victims. 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. Mental health system workers, on the other hand, 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.

“We used a draft of this guide in a meeting of officials statewide to educate better both mental health and criminal justice officials on improving responses to victims of people who have mental illnesses, ” said Justice Center board member and State Rep. Pat Colloton (R-Kan.). “Though states don’t always know how many victims are affected by a defendant’s transfer to a mental health facility, we do know that the impact of denying them access to information during release and other proceedings can be tremendous.”

Click here to read the full press release on Responding to People Who Have Been Victimized by Individuals with Mental Illnesses.

The second report, A Guide to the Role of Crime Victims in Mental Health Courts, is the first national publication to offer practical recommendations to mental health court practitioners about how to engage crime victims in case proceedings. The rights that are due victims in criminal court proceedings are not always made available to individuals who are victimized by people accepted into mental health courtsowing largely to confusion about how to involve victims at various points in the mental health court process given the nontraditional operations of these courts and medical privacy regulations that limit the extent of information about participants that can be shared. While policymakers, advocates, and mental health court staff recognize the importance of victims’ rights policies, few mental health court programs have adopted formal procedures related to victims.

“There are a growing number of mental health courts in the country handling cases that involve victimsand they deserve the same rights and protections as victims in traditional criminal courts,” said Justice Center board member and State Sen. Liane Sorenson (R-Del.). “This guide helps mental health courts put formal procedures in place that benefit victims, particularly those who are family members of participants.”

Click here to read the full press release on A Guide to the Role of Crime Victims in Mental Health Courts.

To download free copies of either guide, click here.