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Corrections in America An Introduction Eleventh Edition. Allen, Latessa, Ponder and Simonsen. Chapter 18: Special Category Offenders . Special Category Offenders. Offenders who have many more problems than the general population Mentally disordered offenders
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Corrections in AmericaAn IntroductionEleventh Edition Allen, Latessa, Ponder and Simonsen Chapter 18: Special Category Offenders
Special Category Offenders • Offenders who have many more problems than the general population • Mentally disordered offenders • Developmentally challenged offenders • Sex offenders • HIV-infected offenders • Geriatric offenders
Mentally Disordered Offender • Middle Ages – possessed by devils and demons; punished harshly; later confined to asylums • Mid 1800’s – rid society of misfits, numerous institutions built • 1960’s – rights of all citizens reexamined • Deinstitutionalization • Transcarceration
Transcarceration • Process by which the mentally disordered have been diverted from mental health facilities and centers in local counties and state institutions into correctional facilities
Mentally Ill Inmates • 1960’s to 1980’s • Treated in communities • Depression, schizophrenia, anxiety disorders • Treated with medications • Few community based programs • Criminal Confinement Facilities • 15% of offenders – severe or acute mental illness (10-15% commit suicide)
Avoiding Criminal Responsibility • Not guilty by reason of insanity • Incompetent to stand trial
Not Guilty by Reasonof Insanity • The accused assert that they did not have the competency to understand the nature of their acts or that they were wrong: • The defense does not deny the act but asserts that the accused should not be punished due to mental incapacity or incompetence of the accused
Not Guilty by Reasonof Insanity: cont. • This defense is seldom attempted and is rarely effective
Mental Incompetency • Is established when there is found to exist an essential privation of reasoning faculties, or • When a person is incapable of understanding acting with discretion in the ordinary affairs of life
Incompetent To Stand Trial: cont. • Persons found incompetent to stand trial are usually committed to a mental institution until restored to competency
Asylums for the Criminally Insane • Persons adjudicated incompetent to enter a plea or stand trial • Defendants found not guilty by reason of insanity • Persons adjudicated under special statutes • Convicted and sentenced offenders who have become mentally disturbed • Other potentially hazardous mentally ill persons requiring special security during evaluation and treatment
Guilty, But Mentally Ill • The accused is guilty of the crime and mentally ill, but there is not sufficient reason to allow the accused to escape criminal responsibility
Guilty, But Mentally Ill: cont. • The convicted offender is sentenced to confinement in either a correctional facility or a mental institution for treatment
Developmentally Challenged Offender (Retardation) • Intellectual level and social adaptability measure well below average (IQ: 69 and below) • 4-9% of prison population • Need to learn skills and coping mechanisms, which allow them to lead more satisfactory and productive lives
Sex Offenders • Rape or attempted rape • Child Molestation • Incest • Exhibitionism or Voyeurism • Miscellaneous offenses involving a sexual motivation (Arson, Burglary)
Child Abusers • Any act of commission or omission that endangers or impairs a child’s physical or emotional health and development: • Physical (such as neglect) • Emotional (such as abandonment) • Sexual (exploited for sexual or prurient purposes)
Child Molester • One who injures or has questionable sexual relations or dealings with a person under the age of puberty or legal age: • Fondling • Rape • Indecent exposure, etc.
AIDS • An almost always lethal disease caused by a virus, for which there is neither vaccine nor cure (Human Immunodeficiency Virus or HIV) • Combinations of anti-viral drugs can slow the progress of the disease
AIDS: cont. • The virus attacks the ability of the body to fight off ordinary infections and can lethally disrupt body functions (Acquired Immune Deficiency Syndrome or AIDS)
Geriatric Offenders • Elderly offenders in community corrections and in confinement facilities who are age 50 or older, although some states define the lower limit as 55 years old
Summary • Some inmates have special problems that distinguish them from the general population and pose administrative and custody challenges • Treatment can reduce their recidivism rates