The Basics of DBHDD Community Forensic Services and

The Basics of DBHDD Community Forensic Services and Competency to Stand Trial in Georgia Courts KRISTIN S. ADAMS-PELHAM, PSY. D. FORENSIC PSYCHOLOGIST COMMUNITY FORENSIC SERVICES-SOUTH GEORGIA DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL DISABILITIES SOUTHERN REGION, GEORGIA

Introduction and Objectives �Inform treating/screening professionals as well as non- clinical staff working within the Mental Health Court about DBHDD community forensic services �Objectives: Provide brief explanation of What forensic psychology is, v What Georgia DBHDD outpatient forensic psychologists do, and v How outpatient forensic psychologists interface with the Georgia judicial system v Discuss the difference between a competency to stand trial issue, a crisis situation, and general mental health issues Discuss easy identifiers of a potential competency issue Discuss what to do if a defendant might be incompetent, be in crisis, or have general mental health needs Georgia Department of Behavioral Health and Developmental Disabilities 2

What is Forensic Psychology? �Specialty in psychology characterized by activities primarily intended to provide professional psychological expertise within the judicial and legal systems [American Psychological Association (APA); www. apa. org] �Application of psychological specialties and concepts to the legal arena [APA, 2013; www. apa. org] Georgia Department of Behavioral Health and Developmental Disabilities 3

Why are Forensic Psychologists Needed in Georgia’s Court System? Forensic psychologists: � Provide clinical evaluations and psychological assessment at the Judge’s request to individuals accused of a crime � Help explain to the Court mental heath and cognitive issues that may be preventing a defendant from proceeding with his or her case � Provide recommendations for treatments needed to improve a defendant’s mental/cognitive health so that judicial processes can resume and the legal issue can be resolved � Help the Court manage defendants who have mental health challenges severe enough to prevent resolution of their legal issues Georgia Department of Behavioral Health and Developmental Disabilities 4

What do DBHDD Outpatient Forensic Psychologists do? � Conduct Competency and Criminal Responsibility Evaluations on pretrial defendants in jails/prisons or on bond � Complete and provide to the Court related psychological reports � Provide treatment recommendations to the Court that will assist in competency restoration � Provide consultation to necessary court personnel regarding evaluations, treatment needs, court orders needed, etc. � Provide testimony in court � Conduct annual evaluations for defendants who have been outpatient civilly committed to a community placement due to continued incompetency or being found Not Guilty by Reason of Insanity (NGRI) Georgia Department of Behavioral Health and Developmental Disabilities 5

Competency vs. Crisis vs. Mental Health Issues Occurring in Legal System Mental Health Crisis General Mental Health Needs Georgia Department of Behavioral Health and Developmental Disabilities Competency to Stand Trial (and Criminal Responsibility) 6

Competency vs. Crisis vs. Mental Health Crisis • • • Suicidal Homicidal Self-harm behaviors Refusal to eat Severe, active psychosis • Aggressive • Destructive General Mental Health Competency • Active Psychosis or Mood Disorder • Cognitive Deficits • Inability to care for self independently • Repeated failure in the community • Medication/Treatment Noncompliance • History of Neglect • Need for services • Co-occurring Substance use disorder • Homelessness • Behavioral challenges • Poor understanding of legal system • Poor understanding of current charges/penalties • Poor understanding of legal rights • Inability to behave appropriately in court • Inability to work with attorney • Inability to advocate for self • Rights likely to be violated Georgia Department of Behavioral Health and Developmental Disabilities 7

How do I Identify a Possible Competency Issue? �Defendant: Has serious charges Prosecution is certain AND the defendant (one or more): v v v v v Is confused about charges Offers irrational account of events leading to arrest Has difficulty understanding legal information Is paranoid or suspicious, especially of the Court or legal personnel Is disengaged during legal proceedings Acts inappropriately in court Does not understand his or her rights Has a history of past competency evaluations Was transported to the CSU or hospital psychiatric ward immediately following arrest Georgia Department of Behavioral Health and Developmental Disabilities 8

Who Should I Notify? Crisis General Mental Health • Jail Medical Staff • Georgia Crisis & Access Line (GCAL) @ 800 -715 -4225 (also known as mobile crisis) • Jail medical staff (if not already receiving treatment) • Local Community Service Board (CSB) or Community Mental Health Agency • Assertive Community Treatment (ACT) • Advocacy Resource Center (ARC) • Other community-based resources Georgia Department of Behavioral Health and Developmental Disabilities Competency • Judge • Defendant’s Attorney • Prosecutor • Orders should be sent to DBHDD Court Services at: Court. Services@dbhdd. ga. gov 9

Questions? Georgia Department of Behavioral Health and Developmental Disabilities 10