By CHRIS POWELL
Connecticut’s courts are tired of dealing with criminal defendants who are mentally ill but not criminally insane. State government has a place for the latter sort of criminals: Whiting Forensic Hospital in Middletown. But they are a small subset of the mentally ill, criminals so sick that they are not responsible for themselves.
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Most criminal defendants who are mentally ill and convicted of serious crimes end up in Connecticut’s prison system — which may be even more tired of dealing with the mentally ill than the courts are. The prisons are full of people from what the politically incorrect past properly called broken homes, people whose upbringing was miserable, who didn’t get a decent education and entered adulthood fit only for menial work, people to whom crime and drug abuse seemed the most practical way of life, and people with learning disabilities.
The prison system does what it can with those people but it’s not terribly effective, since most released prisoners return to crime and are back in prison within a few years even as many released prisoners also return to crime but aren’t caught.
Connecticut’s courts strive to avoid putting people in prison, knowing how prison can damage and handicap troublesome people even more. But the state is full of repeat offenders who should have been locked up permanently after multiple convictions, and at some point the public simply has to be protected. The public is not as protected against repeat offenders as it should be, but prison is expensive and most legislators and governors have preferred to have the public pay for repeat offenders by enduring more crimes than pay with taxes for imprisoning more criminals.
So since the governor and General Assembly seem indifferent to the mental illness problem faced by the courts and prisons, the Judicial Department has bravely undertaken to try to do something about it on its own.
This month Chief Justice Raheem L. Mullins announced a committee to plan the creation of an experimental “behavior health court” to be based in New Haven and potentially expanded statewide.
The committee will include judges, police officials, medical and addiction experts, educators, and people who have gone through mental illness and addiction themselves. One of the judges, Dan Klau, lost a daughter to drug addiction and mental illness, and not for lack of trying to help her. Indeed, nearly everyone knows someone who is mentally ill or addicted; the problem is getting worse in Connecticut even as state government, in its relentless pursuit of tax revenue, increasingly facilitates drug and gambling addiction.
Mentally ill or addicted people “might initially come to court for minor incidents,” the chief justice says. “However, without proper intervention, their conduct can spiral out of control, especially if they choose to self-medicate with alcohol or illegal drugs. Our goal is to triage these individuals and get them help before they inflict irreparable harm on themselves or someone else.”
The chief justice hasn’t defined a particular format for the behavioral health court, leaving that to the committee. Getting people “the help they need” is a cliché that needs definition too.
There are many other questions. Judges already have great discretion in sentencing and can condition sentences and probations on a defendant’s cooperation with various treatments, but how well do they work? If judges made enough use of their discretion in sentencing the mentally ill and addicted, and if enough treatment was available and worked, would a behavioral health court be needed?
Would a behavioral health court be just another mechanism of what state law euphemizes as “accelerated rehabilitation,” the gradual erasure of a defendant’s responsibility, and the release of more repeat offenders? Who would audit the results of the court to prevent it from becoming such a mechanism? How much would the court cost, and, if it worked, how much might it save?
They committee should answer these questions. In any case it aims to confront a longstanding disaster the rest of state government has been happy to overlook.
Chris Powell has written about Connecticut government and politics for many years. (CPowell@cox.net)