A survey of national trends in psychiatric patients found incompetent to stand trial: reasons for the reinstitutionalization of people with serious mental illness in the United States

Objective. Recent information indicates that the number of forensic patients in state hospitals has been increasing, largely driven by an increase in patients referred to state hospitals as incompetent to stand trial (IST). This survey was intended to broaden the understanding of IST population trends on a national level. Methods. The authors developed a 30-question survey to gather specific information on IST commitments in each state and the District of Columbia. The survey was administered to all 50 states and the District of Columbia via email. Specific individuals identified as primary administrators responsible for the care and evaluation of IST admissions in each state were contacted. Results. A total of 50 out of the 51 jurisdictions contacted completed the survey. Fully 82% of states indicated that referrals for competency evaluation were increasing. Additionally, 78% of respondents thought referrals for competency restoration were increasing. When asked to rank factors that led to an increase, the highest ranked response was inadequate general mental health services in the community. Inadequate crisis services were the second ranked reason. Inadequate number of inpatient psychiatric beds in the community was the third highest, with inadequate assertive community treatment services ranking fourth. Conclusions. Understanding the national trend and causes behind the recent surge in referrals for IST admissions will benefit states searching for ways to remedy this crisis. Our survey indicates most states are facing this issue, and that it is largely related to insufficient services in the community.

[1]  W. Fisher,et al.  Forensic patients in state psychiatric hospitals: 1999–2016 , 2019, CNS Spectrums.

[2]  W. Gowensmith Resolution or resignation: The role of forensic mental health professionals amidst the competency services crisis. , 2019, Psychology, Public Policy, and Law.

[3]  S. Sharfstein,et al.  Bedless Psychiatry-Rebuilding Behavioral Health Service Capacity. , 2018, JAMA psychiatry.

[4]  Bradley J. Bartos,et al.  Characteristics of Forensic Patients in California With Dementia/Alzheimer’s Disease , 2017, Journal of forensic nursing.

[5]  S. Sharfstein,et al.  Increase in US Suicide Rates and the Critical Decline in Psychiatric Beds. , 2016, JAMA.

[6]  J. Lindo,et al.  Substance Abuse Treatment Centers and Local Crime , 2016, SSRN Electronic Journal.

[7]  M. Toynbee The Penrose hypothesis in the 21st century: revisiting the asylum , 2015, Evidence-Based Mental Health.

[8]  M. Kunz,et al.  Offense Characteristics of Incompetent to Stand Trial Defendants Charged With Violent Offenses. , 2015, Behavioral sciences & the law.

[9]  E. Emanuel,et al.  Improving long-term psychiatric care: bring back the asylum. , 2015, JAMA.

[10]  W. Gottdiener,et al.  A META-ANALYTIC REVIEW OF COMPETENCY TO STAND TRIAL RESEARCH , 2011 .

[11]  H. Steadman,et al.  Prevalence of serious mental illness among jail inmates. , 2009, Psychiatric services.

[12]  D. McCormick,et al.  The health and health care of US prisoners: results of a nationwide survey. , 2009, American journal of public health.

[13]  J. Ford,et al.  Current and lifetime psychiatric illness among inmates not identified as acutely mentally ill at intake in Connecticut's jails. , 2007, The journal of the American Academy of Psychiatry and the Law.

[14]  H. Lamb,et al.  Treatment prospects for persons with severe mental illness in an urban county jail. , 2007, Psychiatric services.

[15]  Daniel C. Murrie,et al.  Opinion formation in evaluating the adjudicative competence and restorability of criminal defendants: a review of 8,000 evaluations. , 2006, Behavioral sciences & the law.

[16]  P. A. Zapf,et al.  Predictor Variables in Competency to Stand Trial Decisions , 2003, Law and human behavior.

[17]  M. Sellbom,et al.  Assessment of Competence to Stand Trial , 2003 .

[18]  R. Cochrane,et al.  The relationship between criminal charges, diagnoses, and psycholegal opinions among federal pretrial defendants. , 2001, Behavioral sciences & the law.

[19]  Thomas M. Green,et al.  Police as frontline mental health workers. The decision to arrest or refer to mental health agencies. , 1997, International journal of law and psychiatry.

[20]  E. Torrey Jails and prisons--America's new mental hospitals. , 1995, American journal of public health.

[21]  D. Martell,et al.  Base-rate estimates of criminal behavior by homeless mentally ill persons in New York City. , 1995, Psychiatric services.

[22]  D. Martell,et al.  Homeless mentally disordered defendants: competency to stand trial and mental status findings. , 1994, The Bulletin of the American Academy of Psychiatry and the Law.

[23]  T. Arvanites THE IMPACT OF STATE MENTAL HOSPITAL DEINSTITUTIONALIZATION ON COMMITMENTS FOR INCOMPETENCY TO STAND TRIAL , 1988 .

[24]  M. F. Abramson The Criminalization of Mentally Disordered Behavior , 1972 .

[25]  E. Torrey,et al.  More Mentally Ill Persons Are in Jails and Prisons Than Hospitals: A Survey of the States , 2010 .

[26]  H. Lamb,et al.  The shift of psychiatric inpatient care from hospitals to jails and prisons. , 2005, The journal of the American Academy of Psychiatry and the Law.