Chapter 6: Rehabilitation for Deviant and Criminal Behavior
Sometimes offenders of deviancy end up in the court system, specifically those with addictions and/or mental illness. Depending on the offense, a judge may court order counseling or therapeutic intervention in lieu of confinement. Usually upon completion of this, criminal charges against the individual are dismissed. Sometimes, the individual is so profoundly mentally ill that they cannot be held responsible for their actions and instead are sent to residential facilities who are better prepared to care for them.
Unfortunately, many unmedicated or improperly medicated individuals with mental illness end up in the court system. In the State of Indiana, individuals must understand the court proceedings as well as assist in their own defense. Should they not be mentally able to stand trial, then the court can enter a plea of ‘not guilty by reason of insanity’. As per Indiana’s Family and Social Services Administration:
Indiana requires that any individual charged with a criminal offense MUST: possess the ability to understand the proceedings AND possess the ability to assist their attorney in the preparation of defense” (IC 35-36-3-(1-4)). Should a court believe that an individual not possess these abilities, evaluations from two or three psychiatrists/psychologists can be ordered and the court will order a defendant competent or incompetent, considering the evaluations and all collateral information of the case.
Not guilty by reason of insanity is a plea entered by a defendant in a criminal trial, where the defendant claims that they were so mentally disturbed or incapacitated at the time of the offense that they did not have the required intention to commit the crime and are therefore not guilty. (IC 35-36-2-(1-5)).
When the defendant in a criminal case intends to interpose the defense of insanity, the defense lawyer must file a notice of that intent with the trial court no later than:
- Twenty days if the defendant is charged with a felony; or
- Ten days if the defendant is charged only with one or more misdemeanors;
- Before the omnibus date, a scheduling deadline whereby the defense attorney needs to file certain motions and defenses.
However, in the interest of justice and upon a showing of good cause, the court may permit the filing to be made at any time before commencement of the trial.
Evaluations from two or three psychiatrists/psychologists will be ordered by the judge/court. In all cases in which the defense of insanity is interposed, the jury (or the court if tried by it) shall find whether the defendant is:
- Guilty;
- Not guilty;
- Not responsible by reason of insanity at the time of the crime; or
- Guilty but mentally ill at the time of the crime.
Whenever a defendant is found not responsible by reason of insanity at the time of the crime, the prosecuting attorney shall file a written petition with the court under IC 12-26-6-2(a)(3) or under IC 12-26-7. If a petition is filed under IC 12-26-6-2(a)(3) , the court shall hold a commitment hearing under IC 12-26-6. If a petition is filed under IC 12-26-7, the court shall hold a commitment hearing under IC 12-26-7.
The defendant has all rights provided by the provisions under IC 12-26. If the commitment is to be to a State Psychiatric Hospital, there must be a determination by the Community Mental Health Center that the State Psychiatric Hospital is the least restrictive placement for the needs of the defendant.
The court must submit the following documents to the Division of Mental Health and Addiction’s legal office, via the Competency@fssa.in.gov email, in order for the defendant to be admitted to a State Psychiatric Hospital:
- Copies of the order finding the individual not guilty (responsible) by reason of insanity
- A copy of the commitment order
- A copy of the letter by the Community Mental Health Center stating the State Psychiatric Hospital is the least restrictive placement for the needs of the defendant
- Copies of two or three doctor’s evaluations used in determination of insanity
- Charging information
- Probable cause affidavit
Once an individual is found incompetent to stand trial, they are placed in the custody of the Division of Mental Health and Addiction to receive restoration services, including mental health treatment and legal education.
For those who are mentally ill and/or addicted but able to stand trial, the judge may opt to allow the offender the option of pretrial diversion where their charges may be dropped after completing a diversion program. A diversion program can include counseling and other various interventions. The goal is to reform the offender in the hope that the offense will not be repeated.
