Diversion of Offenders with Mental Illness: Recent Legislative Reforms

Abstract

In “Diversion of Offenders with Mental Illness”, Professor Brian Shannon explores the problems relating to offenders with mental illness in the criminal justice system in Texas. The Texas Mental Health Code imposes straight regulations on when offenders can be transported for and receive mental health treatment. According to Professor Shannon, several changes have been made to improve treatment of offenders with mental illness.

Professor Shannon discusses the 1995 Amendments to the Mental Health Code, the 1993 revisions to the Code of Criminal Procedure, and Article 17.032 of the Code of Criminal Procedure. Additionally, he talks about the enhanced privileges given to judges to place offenders in community supervision. Professor Shannon concludes by encouraging judges, prosecutors and law enforcement officials to work with mental health officials to ensure that appropriate measures are being taken to protect offenders with mental illness.

JEL Classification: K19