Crime and victimization outcomes following civil rights limits to the use of compulsory treatment

Steven P. Segal, Lachlan Rimes, Leena Badran

Research output: Contribution to journalArticlepeer-review

Abstract

Community treatment orders (CTOs) have been associated with reduced crime/victimization-risk. Australia's ratification of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) enabled patient-rights-advocacy to limit CTO-assignment to persons lacking decision-making-capacity. This effort was accompanied by a 15% reduction in CTO-utilization. Has this change affected crime/victimization-involvements of patients with schizophrenia-diagnoses? In Victoria Australia, the study considers crime/victimization-involvement among three patient-groups recruited with the same sampling-algorithm in the decade before (2000–2009, N = 14,711) and after (2010–2019, N = 10,702) CRPD-ratification. Each group is its own-control. Each group's positive-outcome across decades would be “no increase” in crime/victimization-involvement or in the ratio of the group's incident-rates to the State's. Following CRPD-ratification, first-hospitalized-patients with at least one CTO-assignment doubled their involvement in major crime-perpetrations (from 13% to 27%), non-CTO-hospitalized-patients almost doubled (from 10% to 18%), and 11% of outpatients were involved when none were before. Overall, a third (34%) were victimized-by-major-crime up from 28%, with 25% of outpatients experiencing victimization when none had before. Increases were most evident in major-crimes, led by assaults/abductions. Capacity-constraints on compulsory-treatment are associated with increases in crime/victimization-involvement, a transfer of responsibility for patients with schizophrenia-diagnoses from the mental-health-system to the criminal-justice-system, validation of dangerousness stereotypes, and growing negative family impact.

Original languageEnglish
Article number115377
JournalPsychiatry Research
Volume327
DOIs
StatePublished - Sep 2023
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2023 The Authors

Keywords

  • Capacity to refuse compulsory treatment needed to protect health and safety
  • Community treatment orders
  • Convention on the rights of persons with disabilities (CRPD)
  • Crime perpetration
  • Outpatient commitment
  • Schizophrenia
  • Victimization

ASJC Scopus subject areas

  • Psychiatry and Mental health
  • Biological Psychiatry

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