DEVELOPMENTAL DEVELOPMENTAL DISABILITY TREATMENT DISABILITY TREATMENT
COURTS:COURTS:
Rethinking our Approach to Rethinking our Approach to those who appear before us in those who appear before us in
Drug CourtsDrug Courts
Traditional Drug CourtsTraditional Drug Courts
-Incorporate the Ten key Components-Incorporate the Ten key Components-Concentrate on Substance Abuse-Concentrate on Substance Abuse-Clear requirements apply to all-Clear requirements apply to all-One set of sanctions and incentives-One set of sanctions and incentives-One definition of success-One definition of success-Emphasis on accountability-Emphasis on accountability
Traditional Mental Health CourtsTraditional Mental Health Courts
-Incorporate Guiding Principles-Incorporate Guiding Principles
-Concentrate on Mental Illness and -Concentrate on Mental Illness and
may include Substance Abusemay include Substance Abuse
-Utilize existing treatment-Utilize existing treatment
-Lower the bar-Lower the bar
-Emphasis on Accountability to Treatment-Emphasis on Accountability to Treatment
The Developmentally Disabled are Routinely Excluded from Participating
in Drug Courts and Mental Health Courts and have very poor outcomes
in “Traditional Courts”
Why Are They Excluded
from Treatment Courts?
• They are misdiagnosed• They cannot understand or follow directions or keep up
with other clients• They are not provided appropriate treatment in the
community or are shuffled from silo to silo • They are “dropped” from treatment because they are not
compliant• They commit serious crimes and continue the behavior
Where Do We Go Wrong?
1. Those found by the Court to meet Definitions in Statutes as “Developmentally Disabled” are either placed in Diversion Programs or Competency Restoration Programs.
2. Those not meeting the strict definitions are ignored and left in the traditional court process without any attention to their special needs.
Our “Traditional Court System and Laws” Keep
Them Out of Drug Courts-• We commit them as incompetent • We commit them as gravely disabled• We commit them as dangerous because
of their disability • We divert them • We conserve them• And the majority are simply punished
Conclusions from Study of Eight States
• Competency statutes and rulings generally result in defendants standing trial despite their impairment
• Hospital Commitments for Treatment do not result in ongoing treatment
• The majority of the mentally incompetent receive no special treatment from the Courts
As to Those we Ignore and Leave in
the Traditional Court System?
Courts find them “too difficult” to work with, and unable to meet probation and other court “requirements”
We utilize state hospitals, jails and prisons to “fix” these offenders and, then, we keep sending them back.
We make every step and every decision an adversarial one, rather than problem solving, and treatment focused
We “decide” these offender’s lives, we do not help them get better.
Mentally Challenged Offenders spend 30% more
time in jails and prisons than other offenders convicted of
the same crimes AND RECEIVE INADEQUATE OR
NO TREATMENT WHILE INCARCERATED !
The Public Perception of these Clients Perpetuates
the Myth that Developmentally Disabled offenders are Dangerous and “Permanently” Flawed
Mental RetardationMental Retardation
It is not as Simple as we make it!
We Are Ignoring What Research and the Reality of
Today Teach Us:1.Beating up and warehousing the
mentally incompetent solves nothing.
2.Excluding them from a Drug Treatment Court opportunity is unacceptable.
3. We must look at clients today as having “multiple diagnosis”
MOST IMPORTANTLY –SINCE THE DEVELOPMENTALLY DISABLED
DO NOT DO WELL IN TRADITIONAL TRATMENT
COURTS, WE MUST BE OPEN TO CREATING A COURT AND
ENVIORNMENT THAT WORKS FOR ALL OF THEM!
If we are going to treat them,who are they?
5 Diagnosable Conditions Qualifying Offenders for State Treatment in
California• 1. Mental retardation• 2. Autism• 3. Severe epilepsy• 4. Cerebral Palsy• 5. Catchall Category: Handicapping conditions
found to be closely related to mental retardation or to require treatment similar to that for a mentally retarded individual, but that are not solely physical in nature, and may or may not include Traumatic Brain Injury
WHO ARE MOST LIKELY TO BE DENIED TREATMENT?
• Miss the cut-off line• Undocumented individuals• African-Americans who were not tested as kids because
it was illegal to give them IQ tests in many states, including California
• Individuals not identified as DD before the age of 18• Persons with no family to talk about adaptive deficits
before age 18 (often the homeless)• TBI after age 18• Individuals from out of state or having no social network
What Leads to Misdiagnosis
• These clients are often initially misdiagnosed as having “Behavioral Problems” and the behavior leads to school expulsion or dropout, entry into the Juvenile Court system, and subsequent adult arrests and incarcerations for inappropriate and illegal “behavior”
Behavior and Vulnerability that Leads to Arrests and Court
Involvement
• Inappropriate and illegal sexual behavior• Uncontrollable anger and physical violence• Destruction of property, vandalism and theft• Vulnerability to gang and anti-social
associations• Drug and alcohol abuse• Easily convinced by others to participate in
crime
What Treatment and Services Do they Need?
• Intense Case management• Job and vocational training• Crisis services• Supported living • Independent life skills training• Caregivers• Substance Abuse Treatment• Mental Health Treatment• Medical Treatment
How do their Co-Occurring Disorders Intersect?
Diagnostic Manual –Intellectual Disability, 2007:
• The prevalence of substance abuse has increased in recent years.
• Mental Illness is common in those who are Developmentally Disabled
• Many have medical conditions that are often undiagnosed.
Why doesn’t Drug Court work for these clients?
1.They need a different Team in and outside of the Courtroom
2. They need more individual attention
3. They require more discussion
4. Other clients treat them as “different”
Why Doesn’t Drug Court work for these Clients?
• Difficulty in ability to understand and apply information and follow directions (Judges expect defendants to understand and follow direction in Drug Court)
• Difficulty in ability to ignore irrelevant information (Judges are not patient with defendants who are fixed on what is important to them)
• Difficulty in ability to learn new information and ability to recall material (Judges expect defendants to “figure it out”)
• Existing sanctions schedules do not work
• If the client qualifies for services, the State rather than the counties are often responsible and provide that treatment through regional centers
• If the State does not provide treatment, existing treatment programs must be found and standards must be changed and specialized to serve the needs of this population
• Environmental and psychosocial issues must be addressed
How is the Team “different”
1. Substance Abuse Treatment that is meaningful for this population
2. Mental Health Treatment and medications
3. Medical Treatment to address multiple diagnosis such as seizure disorder
What Developmental Disability Treatment Does not Provide and the
Drug Court Must Provide:
A A ““NEW SYSTEMNEW SYSTEM”” for Providing for Providing Treatment to the Developmentally Treatment to the Developmentally Disabled Client Must be DevelopedDisabled Client Must be Developed• Mentally Disabled Client = Substance Mentally Disabled Client = Substance Abuse client = Medical patient Abuse client = Medical patient
• Multiple treatment needs must be met!Multiple treatment needs must be met!
• Treatment staff = Treatment staffTreatment staff = Treatment staff
What can a Judge do to reach better outcomes
for offenders with Developmental
Disabilities?
• The Judge must confront the “stigma”.
• The Judge must “engage” the offender.
• The Judge must build trust.
• The Judge must learn new techniques to communicate.
• The Team must be involved in the interaction!
We Must Change Our Expectations!!
• Lower the bar
• Individualize plans and expectations
• The “small steps” are the only ones that are important
• Find appropriate treatment and supervision, or modify existing treatment and supervision to
address the needs and permit “full participation” by the Developmentally Disabled Client
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