A New Law Affects Justice Involvement for People with Disabilities
By Zoë Jamail, Policy Coordinator, Disability Rights Tennessee
People with disabilities face unique challenges when they have contact with the justice system. A recent change in Tennessee’s law may affect people with intellectual disabilities (ID), including those who also have mental illness. The new law increases confinement risks for this group. It applies a legal standard to people with ID that is based on misunderstandings about intellectual disabilities, mental illness, and people with disabilities in general.
This shift raises concerns about fairness and equal treatment under the law for Tennesseans with ID. It also highlights the need to educate lawmakers and the public about the realities of living with ID and mental illness.
A new law called “Jillian’s Law” changes how this process works for people with ID or mental illness who are charged with certain crimes, including non-violent ones. If a judge finds that someone is incompetent to stand trial based on ID or mental illness, the law now assumes these individuals are dangerous unless they can prove otherwise with very strong evidence.
Jillian’s Law is named for Jillian Ludwig, an 18-year-old woman who was killed by a stray bullet while walking in a Nashville park. The alleged shooter had previously been prosecuted for assault with a deadly weapon. However, he had been released after court-appointed physicians found him incompetent to stand trial.
To avoid judicial (involuntary) commitment, the defendant must present “clear and convincing evidence” that they do not pose a risk of “serious harm.” This is a high standard that can be very difficult to meet, especially for someone who already can’t understand what’s happening in court.
If someone is found incompetent and can’t be made competent through treatment, a judge can only end their involuntary commitment by ordering them to receive mandatory outpatient treatment. However, it’s not clear what kind of outpatient treatment is available specifically for people with ID, or those who have intellectual disabilities in addition to mental illness.
The court also cannot order any community-based services unless the Department of Disability and Aging (DDA) says that funding is available for it. If there is no funding or no appropriate outpatient treatment, some people could end up stuck in treatment facilities and other settings (like jails or hospitals) for a very long time, sometimes even indefinitely.
Solutions
Jillian’s Law aims to prevent releasing people found incompetent to stand trial without supervision or services in the interest of public safety. However, there are better ways to protect our communities while still respecting people’s rights.
The law goes too far by assuming anyone found incompetent (for certain crimes) is dangerous, even for non-violent charges like vandalism. This unfairly shifts the burden of proof from the state to the person with a disability. It’s extremely difficult to prove that someone won’t do something, especially for someone who doesn’t understand court proceedings.
Putting people into treatment facilities or jail deprives them of their freedom, so we need to be very careful about how and when we do that. Making sure that people are only in jail or involuntarily committed when they should be is called “due process.”
Due process means that the government must treat everyone fairly and follow the rules when someone is accused of a crime. It ensures that people have a fair chance to defend themselves and that their rights are protected before any punishment is given.
A fairer approach would be for the state to prove that involuntary commitment is necessary, especially for non-violent crimes. This would better balance public safety concerns with the rights of people with disabilities. It also follows the principle that someone is innocent until proven guilty.
Community Alternatives to Jail for People with Disabilities
Many people with disabilities end up in jail or hospitals when what they really need is help in their communities. This is a big problem in Tennessee. Unfortunately, our state has very limited resources to help people with ID who are found incompetent to stand trial. This means that they are often left waiting for long periods of time, without any help.
Long waits in crowded jails are a big problem for people with ID who need help to restore their competency. The state only has one place that can help - the Harold Jordan Center (HJC). Unfortunately, HJC only staffs four to six beds, and they are only able to help about 40% of the people sent there reach competency.
This means people with ID often face long waits in jails that aren’t set up to meet their needs. Jails are not a safe or healthy place for people with ID. The increased risk for people with disabilities to be hurt by others often means they can’t be housed with the general population. To keep them safe, they’re often put in solitary confinement, which causes its own problems.
Research shows that even short periods in solitary confinement can cause long lasting harm for people with disabilities, especially those who also have mental illness. The experience often causes significant distress and trauma.
Getting the Right Help for People with Disabilities
We need to make sure people with intellectual disabilities (ID), including those who also have mental illness, have access to professionals who really understand their needs.
It’s important that the people who evaluate someone with ID for competency to stand trial have deep knowledge about intellectual and developmental disabilities - not just mental illness. This helps ensure a fair and accurate assessment.
We should also look into creating specialized treatment options for people who have both ID and mental illness. This would help make sure they:
- Get the right kind of evaluation.
- Receive services that actually meet their needs.
- Have the supports and accommodations they need to successfully return to their communities.
By focusing on these areas, we can help create a system that’s fairer and more effective for Tennesseans with disabilities who come into contact with the justice system.
What are other ways Tennessee can provide meaningful rehabilitative supports to persons with ID?
Contact: zoej@disabilityrightstn.org.
You can also read DRT’s Policy Watch newsletters for more information about Jillian’s Law and other 2024 legislation impacting Tennesseans with disabilities.
Zoë Jamail is the Policy Coordinator for Disability Rights TN. Originally from Texas, Zoë moved to Nashville in 2014, where she now lives with her family.