After practicing criminal law for almost a decade, I have seen countless individuals with all levels of mental health needs come before the court on criminal charges. Unfortunately, our criminal justice system has been slow to acknowledge that punishing a mental health patient for their conduct can be cruel and unproductive. In the past, our society has viewed mental disorders as a moral failing rather than as an illness the person may have absolutely no control over. Through the work of countless advocates, law makers and the medical community, attitudes are changing, as well as the law.
Recently the California legislature passed a law allowing for diversion in criminal cases if the defendant has been diagnosed with a mental disorder and that disorder was a significant factor in the commission of the charged offense. (Penal Code Section 1001.36) This relatively new law allows a person to participate in mental health treatment and can result in a dismissal of the criminal charges with compliance in that treatment. While this law is relatively new and needs funding to be truly effective on a greater scale, it is an ambitious step towards improving our communities by understanding and addressing the true issue that led to criminality rather than focusing on punishment.
May is Mental Health Matters Month and is a good time to remember that your mental health is just as important as your physical health. Think about taking the time this month to check in with yourself about your own mental health, and perhaps to read an article or listen to a podcast about the difficulties facing those suffering from mental health disorders. The more you know, the better you will understand your friends, family, neighbors, and even yourself.
-Heidi Holmquist Wells