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Criminal justice reform proposed in Connecticut
(February 2008 Issue)

By Nan Shnitzler

Comprehensive criminal justice reform is on the table in Connecticut in the wake of failures that led to a violent home invasion this past July. Two paroled burglars, with histories of drug abuse, murdered the wife and two daughters of a Cheshire physician, William Petit.

Proposals put forward by the legislative Judiciary Committee and Gov. Jodi Rell would toughen penalties for home invasions, career criminals and violent offenders; make the part-time parole board full-time, require criminal justice credentials for members and add a staff psychologist; and broaden victims' rights. A new computer system would address communications gaps among public safety, corrections and the judicial branch. There might also be a new prison.

Beyond revising the criminal code, funding is being considered for programs to support ex-offenders and intercept troubled residents before they tangle with the system. Community-based treatment programs, re-entry programs, supportive housing and jobs are urgently needed, the governor and proponents say.

"There is an effort to establish a lot more diversionary options, especially for offenders with mental illness, for funding more psychiatric beds and funding more treatment options," says Rep. Michael P. Lawlor, (D-East Haven) co-chairman of the Judiciary Committee. "We're trying to expand the community-based mental health options in the hope that police would be trained to bring individuals to programs as opposed to court or jail."

Over the last 10 to 15 years, a lot more persons with mental illness have ended up in the Connecticut prison system.

"For the most part, we're talking about the homeless, HIV positive, substance abusers. They all end up dumped in the prison system because the prison system can't say no. It's a much more expensive way of dealing with that population, and it's not very effective," Lawlor says.

Each year, approximately 30,000 offenders flow in and out of the corrections system. Of nearly 20,000 who remain as inmates, about 15 percent have serious mental illness. The courts say that those not dangerous or violent could be safely supervised in the community; they just need the programs to go to, Lawlor says. More programs mean fewer inmates, and perhaps a new prison won't be needed.

"We're beyond the philosophical debate. It's a budgetary decision," Lawlor says.

At public hearings in November, Catherine Osten, a department of corrections (DOC) lieutenant with 18 years of service, told the Judiciary Committee, "I believe the DOC is ill-equipped to handle the needs of our growing prison population."

She proposes a "holistic" approach that includes providing more staff and training within the department plus developing non-prison settings for qualified inmates.

While acknowledging that legislation creating a professional-level mental-health training program was passed in July, Osten says that training is urgently needed for all corrections officials.

Due to state hospital closings, most of the 4,500 inmates diagnosed with mental illness are scattered throughout the general prison population in facilities all over Connecticut, she says. Many of the facilities do without 24-hour medical care or professional mental health support, which leaves correctional staff the responsibility of handling medical and mental health care issues for which they have little or no training.

"As the inmate population has risen, a greater investment of resources into effective mental health services training for DOC professionals is necessary," Osten says.

At the same time, a careful assessment of the incarcerated mentally ill is needed to determine which could be better served in more cost-effective settings, such as supportive housing. The savings at DOC could pay for the programs, Osten says.

Regarding the parole board, Lawlor says a forensic psychologist could have made a difference in the Cheshire case. On the surface, the younger offender appeared to be a model inmate, but the parole board had no information on his history of being sexually abused in an adoptive home where his parents saw taking antidepressants as a spiritual failure.

"If the parole board had had the information and someone trained to recognize red flags, I'm not saying he never would have been paroled, but they might have managed him differently," Lawlor says.