Criminal Justice Section  

   Standards

MENTAL HEALTH


In August 1984, the ABA approved a set of 96 “black letter” standards on mental health. Additional “black letter” standards were approved in August 1987 and August 1988. All are included with accompanying commentary in a publication entitled ABA Criminal Justice Mental Health Standards, © 1986, 1989, American Bar Association. For the text of the publication, click here. To go directly to individual “black letter” standards (without commentary), click on the links below. For information about purchasing the printed volume, please click here.


PART I. MENTAL HEALTH, MENTAL RETARDATION,AND CRIMINAL JUSTICE: GENERAL PROFESSIONAL OBLIGATIONS

Standard 7-1.1 Roles of mental health and mental retardation professionals in the criminal process
Standard 7-1.2 Joint professional obligations for improving the administration of justice in criminal cases involving mental health or mental retardation issues
Standard 7-1.3 Education and training
PART II. POLICE AND CUSTODIAL ROLES
Standard 7-2.1 Classes of mentally ill and mentally retarded persons subject to police emergency detention
Standard 7-2.2 Development of joint policy admitting persons detained by police for mental evaluation
Standard 7-2.3 Policy preference for voluntary police disposition
Standard 7-2.4 Use of force in mental health emergency interventions
Standard 7-2.5 Custodial processing of mentally ill or mentally retarded persons
Standard 7-2.6 Postarrest obligations of police and custodial personnel
Standard 7-2.7 Treatment or habilitation of detainees; voluntary and involuntary transfer; notice to counsel
Standard 7-2.8 Specialized training
Standard 7-2.9 Police and custodial records of contacts with mentally ill or mentally retarded persons
PART III. PRETRIAL EVALUATIONS AND EXPERT TESTIMONY
Standard 7-3.1 Authority to obtain mental evaluations
Standard 7-3.2 Uses of disclosures or opinions derived from pretrial mental evaluations
Standard 7-3.3 Evaluations initiated by defense
Standard 7-3.4 Court-ordered evaluations upon prosecution request
Standard 7-3.5 Procedures for initiating mental evaluations
Standard 7-3.6 Procedures for conducting mental evaluations
Standard 7-3.7 Preparation and contents of written reports of mental evaluations
Standard 7-3.8 Discovery of written reports
Standard 7-3.9 Admissibility of expert testimony concerning a person's mental condition or behavior
Standard 7-3.10 Evaluations of a person's mental condition: qualifications for court appointed evaluators
Standard 7-3.11 Expert witnesses: qualifications for testifying about a person's mental condition
Standard 7-3.12 Establishing minimum professional education and clinical training requirements for evaluators and expert witnesses; recommended requirements
Standard 7-3.13 Expert witnesses: qualifications for testifying on issues of present scientific or clinical knowledge
Standard 7-3.14 Presentation of expert testimony
Standard 7-3.15 Jury instructions
PART IV. COMPETENCE TO STAND TRIAL
Standard 7-4.1 Mental incompetence to stand trial; rules and definitions
Standard 7-4.2 Responsibility for raising the issue of incompetence to stand trial
Standard 7-4.3 Pretrial release of a defendant pending competence examination
Standard 7-4.4 Judicial order for competence evaluation
Standard 7-4.5 Report of evaluator
Standard 7-4.6 Use of reports; defendant remaining mute
Standard 7-4.7 Necessity for hearing on competence to stand trial
Standard 7-4.8 Hearing on competence; defendant's rights, evidence, and priority of issues
Standard 7-4.9 Hearing on competence; dispositional issues
Standard 7-4.10 Right to treatment or habilitation and to refuse
Standard 7-4.11 Periodic redetermination of incompetence
Standard 7-4.12 Defense motions; proceedings while defendant remains incompetent
Standard 7-4.13 Disposition of permanently incompetent defendants
Standard 7-4.14 Trial of defendants on medication
Standard 7-4.15 Credit for time served
PART V. COMPETENCE ON OTHER ISSUES
Standard 7-5.1 Mental competence to plead guilty or nolo contendere
Standard 7-5.2 Competence at time of sentence: noncapital cases
Standard 7-5.3 Competence to waive counsel and to proceed without assistance of counsel
Standard 7-5.4 Mental incompetence at time of noncapital appeal
ADDITION TO PART V. COMPETENCE AND CAPITAL PUNISHMENT
Standard 7-5.5 Postconviction determination of mental competence in capital cases
Standard 7-5.6 Currently incompetent condemned convicts; stay of execution
Standard 7-5.7 Evaluation and adjudication of competence to be executed; stay of execution; restoration of competence
ADDITION TO PART V. COMPETENCE AND CONFESSIONS
Standard 7-5.8 Statements by mentally ill or mentally retarded persons
Standard 7-5.9 Waiver of rights by mentally ill or mentally retarded persons
Standard 7-5.10 Expert testimony
PART VI. NONRESPONSIBILITY FOR CRIME
Standard 7-6.1 The defense of mental nonresponsibility [insanity]
Standard 7-6.2 Admissibility of other evidence of mental condition
Standard 7-6.3 Notice of defense based on mental condition
Standard 7-6.4 Prosecution-initiated examination to determine mental condition
Standard 7-6.5 Prosecution's duty to disclose
Standard 7-6.6 Limitation on opinion testimony concerning mental condition
Standard 7-6.7 A unitary trial
Standard 7-6.8 Instruction to the jury
Standard 7-6.9 Burden of production and burden of persuasion
Standard 7-6.10 Forms of verdict
PART VII. COMMITMENT OF NONRESPONSIBILITY ACQUITTEES
Standard 7-7.1 Commitment hearing following mental nonresponsibility [insanity] acquittal
Standard 7-7.2 Evaluation
Standard 7-7.3 Commitment procedures; general and special
Standard 7-7.4 Special procedures; commitment criteria
Standard 7-7.5 Special commitment hearings
Standard 7-7.6 Special commitment; conditions of confinement
Standard 7-7.7 Special commitment; maximum duration of commitment order
Standard 7-7.8 Special commitment; periodic judicial review
Standard 7-7.9 Special commitment; superintendent's petition for acquittee's release
Standard 7-7.10 Special commitment; notification of release
Standard 7-7.11 Special commitment; authorized leave
PART VIII. SPECIAL DISPOSITIONAL STATUTES
Standard 7-8.1 Repeal of psychopath statutes
PART IX. SENTENCING MENTALLY ILL AND MENTALLY RETARDED OFFENDERS
Standard 7-9.1 Definitions
Standard 7-9.2 Probation
Standard 7-9.3 Sentencing effect of mental illness or mental retardation
Standard 7-9.4 Assistance of experts during sentencing
Standard 7-9.5 Inadmissibility of expert testimony based on competency evaluation
Standard 7-9.6 Inadmissibility of expert testimony based on pretrial evaluation
Standard 7-9.7 Treatment for mentally ill and mentally retarded offenders sentenced to imprisonment
Standard 7-9.8 Commitment of severely mentally ill and seriously mentally retarded offenders
Standard 7-9.9 Commitment hearing procedures
Standard 7-9.10 Disposition of offenders
Standard 7-9.11 Right to treatment and habilitation; limitation on access into community
Standard 7-9.12 Right of offender to refuse treatment
Standard 7-9.13 Periodic review of the need for commitment
Standard 7-9.14 Transfer to correctional facility
Standard 7-9.15 Good time credits and parole
Standard 7-9.16 Procedure when sentence expires
PART X. MENTALLY ILL AND MENTALLY RETARDED PRISONERS
 
Standard 7-10.1 Definitions
Standard 7-10.2 Mental health or mental retardation care for prisoners
Standard 7-10.3 Voluntary transfer to mental health or mental retardation facility
Standard 7-10.4 Rejection of voluntary transfer application; court-ordered transfer to mental health or mental retardation facility
Standard 7-10.5 Involuntary transfer
Standard 7-10.6 Periodic review of the need for commitment
Standard 7-10.7 Emergency transfer to mental health or mental retardation facility
Standard 7-10.8 Rights of transferred or committed prisoners
Standard 7-10.9 Right of prisoner to refuse treatment or habilitation
Standard 7-10.10 Good time credits and parole
Standard 7-10.11 Return to correctional facility
Standard 7-10.12 Civil commitment at expiration of sentence

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