Key Terms - Prior to the hospital
By entering this plea, the defendant says, "I did it, but at the time of my offense, I had a mental illness which interfered with my ability to distinguish right from wrong." This plea often involves additional evaluation from mental health professionals.
What is Not Guilty by Reason of Insanity (NGRI).
True or False: A defendant who is found Incompetent to Stand Trial can enter a plea in their case.
False. A defendant must be restored to Competency before they can enter a plea.
What is Incompetent to Stand Trial (IST)
A combined order includes both ____________ days and _____________ days.
What is hospitalization days and AOT days
ACTT stands for
What is Assertive Community Treatment Teams.
When a defendant 1) demonstrates adequate knowledge and understanding of the legal proceedings against them and 2) shows an ability and willingness to work with their attorney.
What is Competency or Competent to Stand Trial.
The case law that founded the concept of being "incompetent to stand trial" is rooted in the Supreme Court's decisions, particularly this landmark case. This case established the legal standard for competency to stand trial, which requires a defendant to have a rational and factual understanding of the proceedings against them and to be able to consult with their lawyer with a reasonable degree of rational understanding.
What is Dusky v. United States.
A patient under this legal status has been restored to competency. They remain in the hospital instead of returning to jail in order to maintain their stability. They continue with their legal case while hospitalized.
What is a maintenance order
AOT stands for _________ __________ ___________. It is a court order that specifies what?
What is Assisted Outpatient Treatment. It specifies what treatment a person must adhere to while in the community including medication, therapy, where they live etc.
SSI or SSD are what?
What is Social Security Income or Social Security Disability
The process whereby the accused agrees to a set of charges in exchange for an adjusted sentence. This process involves the defense attorney (or public defender) and the prosecutor (or district attorney), and ultimately the judge decides whether to accept the agreed upon charges and/or punishment.
What is a Plea Bargain or Plea Deal.
A federal law enacted in 1996 that establishes standards to protect sensitive patient health information from being disclosed without the patient's consent.
What is Health Insurance Portability and Accountability Act (HIPPA)
A patient with this legal status has resolved their criminal case, however, they continue to require treatment in a hospital setting.
What is Civil Probate
The length of the first court order
What is 60 days
This is a negative attitude or perception of a person or group based on noticeable traits such as physical characteristics, particular behaviors, disabilities, or mental illness.
What is stigma
When a defendant 1) does not demonstrate adequate knowledge of the legal proceedings against them or 2) cannot or will not work with an attorney to resolve their legal case
What is Incompetent to Stand Trial
Federal Law that protects our rights.
This patient has entered an affirmative defense for this legal status. The judge orders hospitalization for a minimum of 60 days, however, the time period for hospitalization can be much longer
What is NGRI (not guilty by reason of insanity) - initial order is NGRI Diagnostic
A continuing order is how long?
What is one year.
True or False: People with a mental illness are MORE likely to be victims of violent crimes then commit them
True: people with a mental illness are more likely to be victimized by others.
An affirmative defense that a defendant enters. The next step in the legal process is hospitalization.
What is Not Guilty by Reason of Insanity (NGRI)
This legislation provides patients with rights associated with receiving mental health treatment both in the community and while in hospital.
What is the Michigan Mental Health Code
Patients who are not restored to competency or require additional hospitalization are considered what legal status
What is Probate
At the 6 month point of a one-year continuing order, the patient has a right to do what? After this step a __________ takes place.
What is petition for discharge.
What is a hearing.
Give 5 examples of patient rights
What are:
1. Right to be protected from abuse and neglect
2. Right to participate in treatment planning
3. Right to have freedom of movement
4. Right to have safe shelter, be provided with meals, and basic needs
5. Right to use the telephone and receive mail