Developmentally disabled prisoners

This story, which I just saw today, reflects a serious problem. Many people in the criminal system have serious mental health issues.

These issues do not amount to a problem serious enough to relieve them from criminal responsibility (nor should they) but they do make the concept of specific deterrence almost moot. Moreover, the punishment of incarceration is made more severe because of the isolation these individuals face.

An answer to this problem is far from obvious -- perhaps specialized prisons with specially trained staff? But such things cost a great deal of money. The fact there is an ongoing labour dispute in the prison system makes the issue more challenging. Regardless, the story is worth a read:

The Ottawa Citizen
February 8, 2009

OTTAWA - A 30-year-old man with Down syndrome and bipolar disorder has been
housed in a segregated cell at the Ottawa-Carleton Detention Centre for more than two weeks, a case some say highlights a gap in the criminal justice
system.

Karl Gauthier is charged with assault after an alleged incident last month
involving a worker at his Nation Township group home. He is expected to
remain at the jail until at least Wednesday, when he has a bail hearing.

Until he is released, Mr. Gauthier faces "horrific" conditions at OCDC, according to Dave Lundy, an official with the Ontario Public Service Employees Union, which represents correctional officers at the jail.

"The reports I have are that he's standing in his own urine," Mr. Lundy
said, adding Mr. Gauthier soils his sheets and needs his diapers changed.

Correctional officers are "not given the training to help an individual like that," Mr. Lundy said.

"If you're going to house a developmentally disabled individual such as that in a jail, what's next?"

Mr. Gauthier's lawyer, John Hale, said his client is, in some ways, "fairly high functioning," but is also prone to outbursts.

Mr. Gauthier has been found fit to stand trial. He was also charged in November with assault causing bodily harm after another alleged incident involving a group home worker, Mr. Hale said.

After allegedly committing two offences at the same home, "it was seen as
dangerous to let him go back there," he said.

"There is a real gap for guys like this who suffer fairly serious mental
illnesses and get caught up in the criminal justice system but who don't fall into those two very discrete categories of either unfit (to stand trial) or NCR (not criminally responsible for the alleged crime)," which would allow them to be admitted to the Royal Ottawa Mental Health Centre, said Mr. Hale.

"If it's not a fitness or NCR issue, then you have to hope there's some place in the community that will take him in," Mr. Hale said.

Staff at the group home are now converting an outbuilding on the property
into an apartment for Mr. Gauthier in anticipation of his return after the
bail hearing, L'Orignal court was told Wednesday.
James Morton