Justice System

The Judges and Psychiatrists Leadership Initiative released Practical Considerations Related to Release and Sentencing for Defendants Who Have Behavioral Health Needs: A Judicial Guide and an accompanying bench card, which were developed with the support of the American Psychiatric Association Foundation and the CSG Justice Center. The resources are designed to assist judges in making informed connections to treatment for people with behavioral health needs who enter their courts.

Echoing his 2015 dissenting opinion in Glossip v. Gross, where the Supreme Court upheld Oklahoma’s three-drug lethal injection protocol, Justice Breyer asked the Court to reconsider the constitutionality of capital punishment in his concurring opinion in Dunn v. Madison.

Vernon Madison was sentenced to the death for the 1985 murder of a police officer. In 2016 he argued he was no longer competent to be executed due to a series of strokes. His psychologist and the state’s psychologist agree that Madison understands that he is being executed in retribution for murder. But he doesn’t remember killing anyone.

Supporting People with Serious Mental Illnesses and Reducing Their Risk of Contact with the Criminal Justice System

This primer highlights how critical it is for psychiatrists to better identify and address the clinical and forensic needs of these patients and incorporate interventions that address their criminogenic risks and needs into patient treatment plans.

CSG Midwest
Nebraska lawmakers are hoping a new law will reduce the number of individuals being housed in county jails due to the financial inability to pay bail bonds or court-ordered fines and fees.
Sen. Matt Hansen says he initially became concerned about the increasing jail population when he heard that the county jail built in his district in 2013 was already approaching capacity. He learned that many of the individuals being held hadn’t actually been sentenced to jail time — they either couldn’t make their bail and were awaiting trial, or couldn’t pay a fine or fee.

The Prison Litigation Reform Act (PLRA) states that when an inmate recovers money damages in a confinement conditions case “a portion of the judgment (not to exceed 25 percent)” shall be applied to his or her attorney’s fees award. The question the Supreme Court will decide in Murphy v. Smith is whether “not to exceed 25 percent” means up to 25 percent or exactly 25 percent.   

CSG Midwest
In April, North Dakota Gov. Doug Burgum signed into law a suite of bills that aims to curb the state’s correctional costs, reform its probation and parole systems, and increase access to community-based behavioral health programs. The enacted legislation (SB 2015HB 1041 and HB 1269) was the product of a justice reinvestment study authorized two years ago by the North Dakota Legislative Assembly in response to the state’s rapidly growing prison population.
Between 2005 and 2015, federal data show, North Dakota’s prison population increased 34 percent — the second-largest rise, behind Indiana, among the 11 Midwestern states (see map). Without action, North Dakota’s prison population was projected to grow by 36 percent between 2016 and 2022, at a cost of more than $100 million for the state.
Last year, The Council of State Governments Justice Center and a bipartisan committee of North Dakota legislators and justice system officials conducted a comprehensive review of state data to determine the causes of this trend. Two populations, the study found, were driving nearly three-quarters of the state’s prison admissions: 1) people convicted of low-level, nonviolent crimes, and 2) individuals whose probation or parole had been revoked. Within these populations, drug abuse was a driving factor behind their imprisonment.
CSG Midwest
The practice of jailing people who cannot post cash bail or pay even minor fines is being revised in Nebraska and Illinois. 
Under LB 259, signed into law by Nebraska Gov. Pete Ricketts in May, people who fail to pay a fine in time will appear before a judge instead of automatically “sitting out” the fine in jail. Judges can choose to dismiss the fine or assign up to 20 hours of community service instead, and the rate for sitting out a fine would increase from $90 to $150 a day. The law also requires judges to consider a person’s ability to pay as one of several factors in setting bond.
Illinois Gov. Bruce Rauner signed the Bail Reform Act (SB 2034) into law in June.

In Ziglar v. Abbasi, the Supreme Court in a 4-2 decision granted a number of high level federal executive agency officials qualified immunity related to a claim they conspired to violate the equal protection rights of a number of undocumented immigrants held on suspicion of a connection to terrorism after September 11, 2001. 

State and local government officials can be sued for money damages in their individual capacity if they violate a person’s constitutional rights.  Qualified immunity protects government officials from such lawsuits where the law they violated isn’t “clearly established.”

This case doesn’t involve any state or local government officials. But every qualified immunity case matters.

In a unanimous opinion in County of Los Angeles v. Mendez the Supreme Court rejected the “provocation rule,” where police officers using reasonable force may be liable for violating the Fourth Amendment because they committed a separate Fourth Amendment violation that contributed to their need to use force. The State and Local Legal Center (SLLC) filed an amicus brief asking the Supreme Court to reject the Ninth Circuit’s provocation rule.

Police officer entered the shack Mendez was living in without a warrant and unannounced. Mendez thought the officers were the property owner and picked up the BB gun he used to shoot rats so he could stand up. When the officers saw the gun, they shot him resulting in his leg being amputated below the knee.  

In Nelson v. Colorado the Supreme Court struck down a Colorado law requiring defendants whose criminal convictions have been invalidated to prove their innocence by clear and convincing evidence in order to receive a refund of fees, court costs, and restitution. According to the Court in a 7-1 opinion, this scheme violates the Fourteenth Amendment’s guarantee of due process.

Shannon Nelson was convicted on a number of charges from the alleged sexual and physical abuse of her children. Her conviction was reversed due to a trial court error; a new jury acquitted her of all charges. Louis Alanzo Madden was convicted of two sex crimes. The Colorado Supreme Court reversed his conviction; the state did not appeal or retry the case.

The only way Nelson or Madden could recover fees, court costs, and restitution was filing a civil claim under Colorado’s Exoneration Act, which requires them to show by clear and convincing evidence their actual innocence.

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