By Bradford Crockard, Jeff Matovich, Erica Robinson Winsor, & Gilbert Sawtelle
Published by Texas District & County Attorneys Association
KFT 1766.6 .C76 2020
Defendants with an intellectual disability or mental illness present unique challenges for those involved in law enforcement, such as peace officers and prosecutors. As the number of defendants increases, the need for law enforcement to be educated and trained to manage those individuals becomes much more evident. Recognizing this need, the Texas District & County Attorneys Association has published Mental Health Law for Prosecutors, a manual addressing not only the laws regarding insanity and incompetency but also the availability of mental health resources. The authors, part of the Mental Health Division of the Harris County District Attorney’s Office, first provide an overview of intake issues and pretrial options for dealing with mental health issues. They also discuss categories of disorders in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) as well as categories of criminal cases in which mental health issues are more likely to play a role. Realizing the importance of understanding and addressing the root causes of some criminal behavior, the authors suggest the establishment of a specialty court, such as those in Harris County, where staff has expertise and experience in assisting offenders with intellectual disabilities or other mental health issues. Lastly, the authors provide information about accessing mental health records as well as HIPAA and protected health information. The appendices have the text of relevant statutes and sample forms for proceedings involving competency and insanity and for obtaining mental health records. Anyone involved in the criminal justice system should have a look at this at this useful guide.