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DECENTRALIZATION OF FORENSIC SERVICES

NCJ Number
48097
Journal
Community Mental Health Journal Volume: 12 Issue: 4 Dated: (1976) Pages: 405-414
Author(s)
J K LABEN; L D SPENCER
Date Published
1976
Length
10 pages
Annotation
A HISTORY OF THE CHANGE FROM CENTRALIZED TO DECENTRALIZED MENTAL HEALTH SERVICES FOR PERSONS UNDER THE JURISDICTION OF THE CRIMINAL JUSTICE SYSTEM IN TENNESSEE IS TRACED.
Abstract
IN TENNESSEE, FOR OVER 40 YEARS, 1 MAXIMUM-SECURITY UNIT PROVIDED MENTAL HEALTH SERVICES TO PERSONS IN CONTACT WIT THE CRIMINAL JUSTICE SYSTEM. RESIDENTS MAINLY RECEIVED CUSTODIAL SERVICES, AND THE ISOLATION OF THE FACILITY MADE IT CONVENIENT FOR LOCAL COURTS TO NEGLECT JURISDICTIONAL SUPERVISION AFTER A PERSON'S INITIAL COMMITMENT TO THE FACILITY. CHANGE WAS PRECIPITATED BY THE 1972 U.S. SUPREME COURT DECISION IN THE JACKSON V. INDIANA CASE: JACKSON, A RESIDENT OF A MAXIMUM-SECURITY UNIT AVAITING TRIAL ON CRIMINAL CHARGES, WAS DEEMED TO HAVE BEEN DENIED EQUAL PROTECTION UNDER THE LAW IN HAVING BEEN SUBJECTED TO 'A MORE LENIENT COMMITMENT STANDARD AND A MORE STRINGENT STANDARD OF RELEASE' THAN OTHER PSYCHIATRIC HOSPITAL PATIENTS. THIS DECISION PROMPTED A REVIEW OF MAXIMUM-SECURITY UNIT RECORDS IN THE TENNESSEE FACILITY, AND 50 RESIDENTS WERE SUBSEQUENTLY RELEASED. IN OCTOBER, 1973, THE BOARD OF TRUSTEES OF THE TENNESSEE DEPARTMENT OF MENTAL HEALTH VOTED TO DECENTRALIZE ALL FORENSIC SERVICES. THIS DECISION WAS SPURRED BY STUDIES SHOWING THAT PREDICTIONS OF DANGEROUSNESS AND CONSEQUENT COMMITMENTS OF PERSONS TO MAXIMUM-SECURITY ENVIRONMENTS WERE EXCESSIVE AND THAT COST-EFFECTIVENESS FAVORED DECENTRALIZATION. SHORTER HOSPITAL STAYS FOR FORENSIC PATIENTS WERE EVIDENCED AFTER DECENTRALIZATION DUE TO AN INCREASE IN TREATMENT SERVICES TO THE CLIENT. IT IS ADVISED THAT INTENSIVE FOLLOWUP BE CONDUCTED AFTER THE INITIAL IMPLEMENTATION OF DECENTRALIZATION IN ORDER TO MAINTAIN POSITIVE RESULTS. REFERENCES ARE PROVIDED. (RCB)

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