Legal Publications as Advocacy Projects: NAMI-Texas & Texas-Appleseed Jacqueline Shannon, NAMI-Texas Brian D. Shannon, NAMI-Texas, Texas Tech School of

Legal Publications as Legal Publications as Advocacy Projects:Advocacy Projects:

NAMI-Texas &NAMI-Texas &Texas-AppleseedTexas-Appleseed

Jacqueline Shannon, NAMI-Texas

Brian D. Shannon, NAMI-Texas, Texas Tech School of Law

Deborah Fowler, Texas-Appleseed

Texas Criminal Procedure &Texas Criminal Procedure &the Offender with Mental Illness: the Offender with Mental Illness:

An Analysis & GuideAn Analysis & Guide

A NAMI-Texas Advocacy Project

Navigating the Criminal Justice Maze –

Training Lawyers to More Effectively Represent People with

Mental Illnesses

Meeting the Need

• Criminal Justice System becoming the new mental health system

• Families needing information to navigate the maze

• Developing first informational materials aimed at assisting families

• Other requests for materials

The First Book

• Idea formed about developing a book

• Authors agreeing to write if funding found

• Grant written to the Texas Bar Foundation-funded in 1993

• Texas Criminal Procedure and the Offender with Mental Illness—1st edition in 1994

Outreach• Widely distributed free of charge to legislators,

county and district court judges, district attorneys, criminal defense attorneys, mental health groups, families, Texas law libraries, and to community mental health centers.

• High demand for the book resulted in additional printings

• Grant from Texas Council of Community MHMR Centers funded additional printing.

Second Publication• Recognition of the dramatic increase of persons with

mental illnesses in prisons and jails• 1999 2nd edition of the book reflected the many

changes in the laws relating to offenders and alleged offenders with mental illnesses

• Funded again by grant from the Texas Bar Foundation

• Web-based version made available

Third Edition-The Need

• 2003-Legislature completely overhauled the state’s criminal competency statute

• 2003-Texas community MHMR centers required to develop jail diversion plans

• Other substantial changes in laws dictated need for new edition of book

Texas Criminal Procedure and the Offender with Mental Illness-

3rd Edition

• Published- January, 2005

• Distributed to Legislators, attorneys, judges, community mental health centers, etc.

• NAMI Texas website has the full edition: http://namitexas.org

http://namitexas.org/

TEXAS CRIMINAL PROCEDURETEXAS CRIMINAL PROCEDURE& The Offender with Mental Illness& The Offender with Mental Illness

Scope of ProjectsSimilar Book on Civil Commitments in PrintDearth of Information About Criminal ProcessTiming for 1st ed. Coincided with Diversion

LegislationNeed for subsequent editions


FundingInitial Rejection by Hogg FoundationFunding Grant by Texas Bar FoundationAdditional Funds from Texas Council for

Community MHMR Centers


Securing AuthorsNAMI tie-inLaw Schools

- Faculty

- Clinics

- Law Journal Project

● Pro Bono Law Firm


DISTRIBUTIONMake it FREEJudges, Prosecutors, Defense Attorneys,

Juvenile Justice SystemState MHMR, Community MHMR Centers,

SheriffsKey Legislators (i.e., ALL of them)

TEXAS CRIMINAL PROCEDURETEXAS CRIMINAL PROCEDURE& The Offender with Mental Illness& The Offender with Mental IllnessWhy more editions (1999/2004-05)?Continual Need for EducationCriminal Justice Issues Are CriticalThe Legislature Keeps on MeetingThe MESSAGE is BEING HEARD

TEXAS CRIMINAL TEXAS CRIMINAL PROCEDUREPROCEDURE

& The Offender with Mental & The Offender with Mental IllnessIllness

Recognition

NAMI Texas Pensa New BestsellerJohn Grisham and Scott Turow have nothing on NAMI Texas when it comes to knowing what the public wants. The group’s Texas Criminal Procedure and the Offender with Mental Illness: An Analysis and Guideis so popular that it has been out of stock for months, despite repeatedprintings. Attorneys, judges, mental health professionals and families whoneed the manual have settled for an online version because printed copies weren’t available. With a major overhaul to the state’s criminal competency procedure taking effect on January 1, 2004 and requests forthe guide growing, NAMI Texas turned to the Texas BarFoundation for assistance. Twice before – in 1993 and 1999 – the BarFoundation funded production and distribution. Now, the Texas BarFoundation has provided $15,000 for an updated third edition.

Third Edition – Third Edition – 20052005

CoverageCoverage

Intro – An opportunity to educate!Pre-trial Diversion StatutesCriminal CompetencyInsanity DefenseAdults & JuvenilesPost-conviction


USE the WEB!!!! www.namitexas.org

http://www.namitexas.org/

Website OpportunitiesWebsite Opportunities

Links to Related Sites of Interest:NAMI, Texas Bar Foundation, Texas AppleseedUseful Information such as DOJ Reports,

Lubbock MOU Links to the Book from Other Sites Further Opportunities to Educate & Advocate on

Your Website UPDATES

Texas Tech School of LawTexas Tech School of Law

Mental Health Attorney & FamilyMental Health Attorney & FamilyHandbooksHandbooks

A Collaborative Approach A Collaborative Approach Addressing a Systemic ProblemAddressing a Systemic Problem

The Fair Defense Report – The Fair Defense Report – December 2000December 2000

Sample of 23 Texas Counties with 61% of the Sample of 23 Texas Counties with 61% of the State’s populationState’s population

Interviewed judges, attorneys, public defenders, Interviewed judges, attorneys, public defenders, prosecutors, defendants, court and jail staff.prosecutors, defendants, court and jail staff.

Studied 4 categories of criminal cases:Studied 4 categories of criminal cases: Felonies and Class A & B misdemeanorsFelonies and Class A & B misdemeanors Capital feloniesCapital felonies Cases involving mentally ill defendantsCases involving mentally ill defendants Juvenile delinquencyJuvenile delinquency

Counties Studied for Mental Health Counties Studied for Mental Health InformationInformation

BexarBexar DallasDallas HarrisHarris HidalgoHidalgo

TarrantTarrant TravisTravis McLennonMcLennon

Mental Health Areas StudiedMental Health Areas Studied

Identification of Defendants with Mental Identification of Defendants with Mental IllnessIllness

Attorney qualifications and trainingAttorney qualifications and training Competency DeterminationsCompetency Determinations Use of expert witnessesUse of expert witnesses Mitigation and SentencingMitigation and Sentencing

Mental Health FindingsMental Health Findings

Attorneys, prosecutors and judges generally lacked Attorneys, prosecutors and judges generally lacked familiarity with mental disorders and their implications familiarity with mental disorders and their implications for legal proceedings other than competency hearings.for legal proceedings other than competency hearings.

Information collected on a defendant’s mental illness by Information collected on a defendant’s mental illness by police, jail staff, or pre-trial programs is seldom passed police, jail staff, or pre-trial programs is seldom passed on to attorneys and judges.on to attorneys and judges.

The pressure of moving cases off the court docket The pressure of moving cases off the court docket often supersedes efforts to identify a defendant’s often supersedes efforts to identify a defendant’s mental illness.mental illness.

Mental Health Findings (cont’d)Mental Health Findings (cont’d)

Few attorneys had received any training or have Few attorneys had received any training or have any special qualifications for representing any special qualifications for representing people with mental illness or mental retardation.people with mental illness or mental retardation.

Attorneys and judges were unaware of existing Attorneys and judges were unaware of existing laws pertaining to identifying, diverting and laws pertaining to identifying, diverting and treating people with mental illness; counties treating people with mental illness; counties weren’t complying with State laws.weren’t complying with State laws.


Many attorneys and judges believe that Many attorneys and judges believe that competence evaluations are too time consuming competence evaluations are too time consuming and expensive to do for misdemeanors.and expensive to do for misdemeanors.

Only a small number of mental health Only a small number of mental health professionals are being used to conduct professionals are being used to conduct competency hearings. Many lack impartiality competency hearings. Many lack impartiality and independence.and independence.


Some counties use the same professionals who provide Some counties use the same professionals who provide jail treatment to provide consultation and court testimony.jail treatment to provide consultation and court testimony.

Some defendants can cycle back and forth for months or Some defendants can cycle back and forth for months or years between jails, courts and state hospitals trying to years between jails, courts and state hospitals trying to attain competence to stand trial.attain competence to stand trial.

Attorneys appear to do little pretrial work, diversion, or Attorneys appear to do little pretrial work, diversion, or work to get people out of jail.work to get people out of jail.


Some attorneys and judges believe that Some attorneys and judges believe that defendants with mental illness are better off in defendants with mental illness are better off in jail than in the community.jail than in the community.

Mental Health Experts are almost never Mental Health Experts are almost never requested or appointed except for competency requested or appointed except for competency issues.issues.

Many attorneys need help locating and Many attorneys need help locating and evaluating mental health experts.evaluating mental health experts.


Few attorneys seem to work to develop mitigation Few attorneys seem to work to develop mitigation evidence or sentencing alternatives for indigent evidence or sentencing alternatives for indigent defendants.defendants.

No county had a centralized place to help attorneys No county had a centralized place to help attorneys locate community programs, treatment, and residential locate community programs, treatment, and residential alternatives.alternatives.

Inappropriate dispositions are commonly made for Inappropriate dispositions are commonly made for defendants with both a mental illness and substance defendants with both a mental illness and substance abuse problem.abuse problem.


The fast-paced plea bargain process for The fast-paced plea bargain process for misdemeanants may not serve the longer-term misdemeanants may not serve the longer-term interests of the defendant or the community in interests of the defendant or the community in keeping the person from re-offending.keeping the person from re-offending.

Studies show that defendants with mental illness Studies show that defendants with mental illness are incarcerated for longer periods than other are incarcerated for longer periods than other defendants.defendants.

Attorney HandbookAttorney Handbook

11stst Edition published Edition published February 2002February 2002

22ndnd Edition published Edition published February 2004February 2004

33rdrd Edition will be Edition will be published fall 2005.published fall 2005.

Collaboration between Collaboration between Texas Appleseed, Hogg Texas Appleseed, Hogg Foundation & Texas Tech Foundation & Texas Tech University School of Law.University School of Law.

Attorney Handbook – Table of Attorney Handbook – Table of ContentsContents

Top Ten Things to Keep in Mind As You Top Ten Things to Keep in Mind As You Represent a Client with Mental Illness.Represent a Client with Mental Illness.

What is Mental Illness and Why Should What is Mental Illness and Why Should You Care?You Care?

The Fair Defense ActThe Fair Defense Act The Initial InterviewThe Initial Interview Helpful Hints to Obtain InformationHelpful Hints to Obtain Information Pretrial OptionsPretrial Options

Table of Contents (cont’d)Table of Contents (cont’d)

Competence Evaluations and HearingsCompetence Evaluations and Hearings The Insanity DefenseThe Insanity Defense Use of Expert Mental Health Witnesses, Use of Expert Mental Health Witnesses,

Mitigation, and Sentencing StrategiesMitigation, and Sentencing Strategies Recent DevelopmentsRecent Developments Glossary of Common Mental Health TermsGlossary of Common Mental Health Terms Commonly Prescribed Psychotropic MedicationsCommonly Prescribed Psychotropic Medications Resources for Help Resources for Help

Family HandbookFamily Handbook

Same publishing Same publishing schedule.schedule.

Designed to answer Designed to answer FAQ raised by family FAQ raised by family members & members & defendants with defendants with mental illness.mental illness.

Information IncludesInformation Includes

A section specifically for defendants, outlining:A section specifically for defendants, outlining: Information about jail interviews with police and othersInformation about jail interviews with police and others How to get/choose a lawyerHow to get/choose a lawyer What you should be able to expect from your lawyerWhat you should be able to expect from your lawyer What you should tell your lawyerWhat you should tell your lawyer Information about court processesInformation about court processes Information about pleading guiltyInformation about pleading guilty

Information IncludesInformation Includes

A section for families, outlining:A section for families, outlining: How to make sure your family member is getting How to make sure your family member is getting

medicine in jailmedicine in jail Hiring a lawyerHiring a lawyer Court fees/finesCourt fees/fines What to expect from the lawyer representing your What to expect from the lawyer representing your

family memberfamily member Testifying Testifying What you can do to help your family memberWhat you can do to help your family member

Spanish Edition of Family BookSpanish Edition of Family Book

Same publication Same publication schedule.schedule.

Translation of family Translation of family handbook to assist handbook to assist those whose first those whose first language is Spanish.language is Spanish.

Documents

Legal Publications as Advocacy Projects: NAMI-Texas & Texas-Appleseed Jacqueline Shannon, NAMI-Texas Brian D. Shannon, NAMI-Texas, Texas Tech School of