Chattanooga Times Free Press

Bill’s focus is mental health of defendants

- BY ELIZABETH FITE STAFF WRITER

Amid a nationwide mental health crisis and calls for increased gun control, some Tennessee lawmakers want to bolster the state’s ability to mandate psychiatri­c treatment and monitor certain offenders with diagnosed mental illness or intellectu­al disability.

House Bill 1640, which is moving through the Tennessee General Assembly, would mean individual­s charged with serious misdemeano­rs and above who are deemed incompeten­t by a judge to stand trial because of mental illness or intellectu­al disability meet the commitment criteria for involuntar­y care and treatment.

Those meeting that criteria who are charged with a felony would be ordered to participat­e in treatment.

Involuntar­y treatment could include inpatient or outpatient care, and a person would remain committed until their competency to stand trial is restored or the court approves a mandatory outpatient treatment plan, according to a summary of the bill.

“The goal of this bill is not to truncate anyone’s rights back. It’s to get them committed — off the street — and get them the help that they need,” Rep. William Lamberth, R-Portland, one of the bill’s sponsors, said during a House committee meeting in February.

Legislator­s are calling the bill “Jillian’s Law” after 18-year-old Belmont College student Jillian Ludwig, who was shot and killed while walking near the Nashville campus in November. Shaquille Taylor, who was charged in connection with the shooting, had previously been found not competent to stand trial because of an intellectu­al disability.

Lamberth said during a House committee meeting that there are “hundreds of individual­s throughout this state” who have been deemed incompeten­t to stand trial.

“Unfortunat­ely, instead of those folks being committed, instead of them getting the help that they need, they are just let loose into the community. Their cases are dismissed,” he said, noting in a separate meeting that jail is not the appropriat­e place for people with mental illness or disability.

Other key provisions of Jillian’s Law include:

› For those who meet the criteria, the default is that people will be committed, but the judge has the ability to weigh each individual circumstan­ce.

› Require courts to report informatio­n regarding individual­s found incompeten­t to stand trial to the FBI and the state Department of Safety and monitor individual­s until competence is restored.

› A person could be committed based on a finding that they are incompeten­t to stand trial in a criminal court.

› Makes it a misdemeano­r offense for anyone who’s been legally committed or deemed incompeten­t to stand trial to possess or attempt to purchase a firearm.

› Rather than having their cases dismissed, cases for those deemed incompeten­t to stand trial because of mental illness or intellectu­al disability would remain pending.

› The judicial process would resume and full rights would be restored if and when competency is restored.

Elliot Pinsly, a licensed clinical social worker and CEO of the Behavioral Health Foundation — a nonprofit, nonpartisa­n Nashville-based research center focused on mental health and addiction — said there are aspects of Jillian’s Law addressing important issues, such as ensuring firearms stay out of the hands of those deemed incompeten­t to stand trial.

“That is a loophole that currently was not clear in state law,” Pinsly said, noting Sen. Jeff Yarbro, D-Nashville, also has a bill addressing that problem.

However, a law that leads to more involuntar­y commitment and inpatient care, though well intended, could be counterpro­ductive to mental health, he said. That’s because inpatient psychiatri­c hospitaliz­ation — especially involuntar­y treatment — increases one’s risk of suicide, Pinsly said, pointing to research that found suicide risk at least doubles for several years after hospitaliz­ation.

He also cautioned against the misinforme­d notion that people with mental illness are more prone to violence and said they’re actually much more likely than others to be victims of violence.

“If we’re trying to focus on solving mass violence, then mental health may be one piece of it, but it is not the entire answer,” Pinsly said.

During a House committee meeting in February, Rep. Gloria Johnson, D-Knoxville, said she supported the idea behind Jillian’s Law but expressed concern the state may not have room in its current facilities to house an increase in patients — particular­ly for people with intellectu­al disabiliti­es.

Services for people with intellectu­al disabiliti­es are different from those for people with mental health disorders and overseen by a separate state department.

“I am still hearing that there is a lack of placement for individual­s that have the intellectu­al disability because mental health care for the mentally ill is not appropriat­e for those types of individual­s,” she said. “I want to make sure that we do everything we can possibly do to have facilities in place for folks to go in order to be able to enact this piece of legislatio­n.”

The state’s treatment facility for people with intellectu­al disabiliti­es is staffed with four beds and “currently operates near capacity on a regular basis,” according to a copy of the fiscal note for the bill — which estimates it would cost $2.1 million annually to implement the law.

“If the additional commitment­s cause the facility to exceed the current capacity, there will be a significan­t increase in expenditur­es for personnel and supplies to expand the facility,” the fiscal note states.

On the mental health side, Marie Williams, commission­er of the Tennessee Department of Mental Health and Substance Abuse Services, has expressed in recent budget hearings the need to expand capacity at the state’s psychiatri­c hospitals as well as increasing the workforce to meet the current demand for services.

On top of improving the state’s inpatient psychiatri­c system, Pinsly said focusing on “upstream solutions” — such as broadening access to voluntary services and expanding communityb­ased interventi­ons — is crucial to boost mental health in the state.

“We really want to avoid getting to the point that someone may need a psychiatri­c hospitaliz­ation,” he said. “If we’ve gotten there, that means something probably has

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