FORENSIC MENTAL HEALTH ISSUES

The intersection between the mental health system and the criminal justice system is often called "forensic mental health." In California, there are 6 different commitment categories for people who are involved with the mental health system because of their contact with the criminal justice system:

  • Incompetent to Stand Trial (Penal Code § 1370)
  • Not Guilty by Reason of Insanity (Penal Code § 1026)
  • Mentally Disordered Offenders (Penal Code §§ 2962-2972)
  • Mentally Disordered Sex Offenders (former Welf. and Inst.Code § 6300)
  • Mentally Disordered Prisoners (Penal Code § 2684)
  • Sexually Violent Predators (Welf. and Inst. Code § 6600)
  • Most of the people who belong to one of the six commitment categories live in one of 4 California state hospitals: Atascadero, Metropolitan, Napa or Patton. If they leave the state hospital, they are usually monitored by a program called the Conditional Release Program (CONREP). All of these individuals are entitled to appointed counsel, in most cases, the Public Defender’s Office of their county.

    PAI’S ADVOCACY AND FORENSIC MENTAL HEALTH ISSUES:

    PAI gives general advice to people about their rights while they are in the state hospital, information about legal challenges to release from the state hospital, and their rights while on supervised release through CONREP. PAI also gives technical assistance to appointed counsel, and in select instances, represents individuals who wish to challenge their confinement or conditions of monitoring by CONREP. PAI also gives advice to individuals in jails and prisons about their rights to mental health services (PAI Pub.: County Jails: Mental Health Services, Pub. #5181.01).

    Protection & Advocacy, Inc. (PAI)
    1-800-776-5746