Catching up Mentally Ill and AZ rule 11

In light of the continued debate on firearms and the mentally ill,  The Arizona Republic published article on "Rule 11." Rule 11 (the law that allows mental ill charged with a crime to be referred to the civil mental health system) is a travesty of justice.  The mentally ill are not exempt from the consequences of their criminal behavior as is any other citizen.   Fifteen years as a licensed clinician in Arizona working with the mental ill, I have seen many mentally ill defendants who have committing heinous violent crimes, go unpunished under Rule 11.  The civil mental health system have no authority over those who commit a crime and have been referred to their system under Rule 11, nor should they.

The solution already is at hand.  Using the Republics case,  hitting a child in the face with a stone is felony assault.  This defendant is found unable to understand the court proceeding  or assist in his own defense.  He is also unable to understand he is to appear in court and then is subject to pre-trial detention.  Instead of jail he is sent the State Mental Hospital not to exceed 90 days without a court hearing.  He is still charged with a felony and will receive credit for time served. He is to be stabilized on medication and supported until he understands his defense and court proceedings. Once this is accomplished he is returned to the court system for adjudication of his crime, with the assistance of a case manger to monitor his mental health.  Should the defendant be found guilty of the crime his mental illness should be considered in his sentencing.

Rule 11, forces the civil mental health system to intervene with a mental ill defendant with no authority.  The rule allows violent criminals back on the street, with inadequate supervision. It creates a danger to others from those who act out violently while suffering a psychotic episode. Rule 11 may be fine in theory but does not work in the real world and should be eliminated. This one way to assure that the criminally mental ill cannot purchase a fire arm