The legislation takes aim at the backlog of defendants deemed mentally incompetent to stand trial, creating a diversion program for those accused of low-level crimes
Judges should be involved, but involved in civil psych holds, not criminal charges. A judge being involved means the person being held has an opportunity to tell that judge why they don’t require psych treatment, and the doc holding them must explain their rationale in court filings. The courts definitely need to remain involved in that system, otherwise people’s due process would be violated.
No, but these are people who were arrested for various criminal charges and who were already found not competent to stand trial. Either way, I’d bet an overwhelming majority of them would require involuntary treatment, even if they had no criminal charges. Point being, a judge isn’t the front line of mental health response, but it will be for individuals who need treatment but are refusing.
Judges should be involved, but involved in civil psych holds, not criminal charges. A judge being involved means the person being held has an opportunity to tell that judge why they don’t require psych treatment, and the doc holding them must explain their rationale in court filings. The courts definitely need to remain involved in that system, otherwise people’s due process would be violated.
Yes.
However a judge should not be the first line.
No, but these are people who were arrested for various criminal charges and who were already found not competent to stand trial. Either way, I’d bet an overwhelming majority of them would require involuntary treatment, even if they had no criminal charges. Point being, a judge isn’t the front line of mental health response, but it will be for individuals who need treatment but are refusing.