ILNews

COA: 'Serious deficiency' in treating mentally ill

Jennifer Nelson
January 1, 2009
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A panel of the Indiana Court of Appeals used an opinion today to highlight what it considered a "serious deficiency" in the statutes for the treatment of developmentally disabled and mentally ill people in the state's criminal courts.

"Simply said, the Indiana statutory framework allows courts to recognize the mental illness of a criminal defendant only in terms of guilt for the crime alleged, rather than as a condition that prevents the defendant's ability to form a punishable intention to commit the crime alleged in the first instance," wrote Judge Paul Mathias.

The judges examined the state's statutes regarding people who lack sufficient comprehension to stand trial for a criminal offense in Steven Thomas and Derrick Dausman v. Anne Waltermann Murphy, in her official capacity as secretary of the Indiana Family and Social Services Administration, et al., No. 49A02-0812-CV-1140. Steven Thomas and Derrick Dausman appealed the entry of summary judgment for Anne Waltermann Murphy, as secretary of the Family and Social Services Administration, and Gina Eckhart, director of the Division of Mental Health and Addiction, in their request for a preliminary injunction preventing the DMHA from placing criminal defendants who lack sufficient comprehension to stand trial in a state institution when medical and psychiatric treatment professionals recommend placement in a less restrictive setting. The trial court found the issues weren't ripe for determination.

Thomas and Dausman are developmentally disabled individuals charged with child molestation and found to possess insufficient comprehension to stand trial. Both had medical professionals recommend they be treated on an outpatient basis, but their treatment teams didn't make that recommendation and they were committed to the DMHA based on Indiana Code Chapter 35-36-3. Dausman was released on bond in April 2009 after the trial court found the state failed to establish the statutory criteria for regular commitment had been met. Thomas may never be released because he may never be found competent to stand trial.

Criminal defendants found incompetent to stand trial are committed to the DMHA for competency restoration services; DMHA doesn't provide or contract for outpatient or community-based placement alternatives. It believes community-based services wouldn't provide adequate supervision or monitoring for those charged with crimes, and those services would require more resources and funding than the FSSA and DMHA have available.

The appellate court agreed that Thomas and Dausman's issues weren't ripe for adjudication. Dausman has since been released on bond and he failed to show he suffered any hardship because of the application of the DMHA's policy regarding incompetent defendants. Thomas' claims were based on the possibility that he would be able to participate in community-based treatment if and when his treatment team would make that recommendation. His claims were abstract and lack factual basis.

The judges also noted Dausman's situation highlights problems in the treatment of the mentally ill and developmentally disabled in criminal courts. Current law doesn't have a procedure to determine whether Dausman had the necessary mens rea at the time of the alleged molestation to commit the offense, Judge Mathias wrote. The DMHA interprets the statute mandating competency restoration services to extend to those who will never be able to reach even a minimal level of competency.

"Our criminal justice system needs an earlier and intervening procedure to determine competency retroactively to the time of the alleged crime," he wrote. "Perhaps we as a society need to consider the concept of a defendant being unchargeable because of mental illness under Indiana Code section 35-41-3-6, and not just guilty but mentally ill under Indiana Code chapter 35-36-2."
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  2. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  3. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

  4. The is putting restrictions on vaping just because big tobacco companies are losing money. http://vapingisthefuture.com

  5. Oh, and I should add ... the stigma JLAP attaches lasts forever. As my documents show, I had good reason to reject the many conflicted diagnoses for not thinking like the state wanted me to. BUT when I resisted and raised constitutional and even ADA "regarded as" arguments I was then denied licensed in Indiana for LIFE. As in until death does us part. Evidence in comments here: http://www.theindianalawyer.com/scotus-denies-cert-to-kansas-attorney-seeking-to-practice-in-indiana/PARAMS/article/40522 Resistance is futile, comrades.

ADVERTISEMENT