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The Court found that mentally retarded persons are not a 'suspect' class of persons (requiring the same level of protection as racial minorities); thus, governments are free to enact almost any legislation or rule to civilly commit them, and the courts will not intervene, short of illegal or ridiculous actions (called 'rational' scrutiny).
The mentally ill were frequently arrested and had charges pending when the treatment providers sought a civil commitment to send their patient for long-term psychiatric treatment. Goodman's court at Wishard Hospital could serve both purposes. The probate part of the mental health court would handle the civil commitment.
O'Connor v. Donaldson, 422 U.S. 563 (1975), was a landmark decision of the US Supreme Court in mental health law ruling that a state cannot constitutionally confine a non-dangerous individual who is capable of surviving safely in freedom by themselves or with the help of willing and responsible family members or friends.
Aug. 25—The New Mexico court system is launching four pilot programs intended to divert people with serious mental illness into treatment who otherwise would face prosecution for minor crimes.
The pre-1984 law did not have the same stringent 30- and 45-day time limits for examinations, but merely provided that "For the purpose of the examination the court may order the accused committed for such reasonable period as the court may determine to a suitable hospital or other facility to be designated by the court." The law provided that ...
However, mentally ill offenders were less likely to have the charges dropped for nuisance arrests, although they were more likely to have charges dropped for drug arrests. In both cases, mentally ill offenders were more likely to be tracked into mental health care. Finally, there were no significant differences in charges for violent arrests. [53]
Public defenders, prosecuting attorneys and judges in L.A. work together to order treatment instead of incarceration for defendants whose crimes arise from mental illness.
The Lunacy Act 1845 was a landmark in the treatment of the mentally ill, as it explicitly changed the status of mentally ill people to patients who required treatment. The Act created the Lunacy Commission, headed by Lord Shaftesbury, focusing on reform of the legislation concerning lunacy. [21]