Identification of Mentally Disabled and/or Potentially Suicidal Inmates Continued
4. As a result of reviewing the inmate suicide screening forms, it was discovered that required referrals to mental health officials were not being completed in compliance with Article 16.22 of the Code of Criminal Procedure (CCP).
5. The medical file for a particular inmate reflected that a magistrate notification was not made by the jail staff as required by CCP 16.22 and the Screening Form for Suicide and Medical/Mental/Developmental Impairments.
The way this protocol is generally supposed to work is as follows:
- The jail staff or Sheriff gives notice to the magistrate of an inmate who is exhibiting signs of being mentally disabled and/or potentially suicidal.
- The magistrate may contact the local mental health authority, ordering a collection of information on the inmate, and an assessment.
- The magistrate distributes copies of the written assessment to the prosecution, defense counsel, and the trial court.
There are various purposes for which the trial court may use the assessment results on an inmate, as follows:
- To resume criminal proceedings;
- To resume or initiate competency proceedings;
- In connection with the punishment phase after the inmate has been convicted; or
- Referring the defendant to a specialty court.
See Part 1, Part 2, Part 3, Part 4, Part 5, and continuing installments of this story about Texas jails cited for non-compliance with jail standards.
This post is offered as an informational resource. There is no intention in this or any other blog posts on this website to suggest that wrongdoing of any kind has occurred on the part of any institution or individual.
–Guest Contributor
