A ControversiaL Proposal: 

Limited guardianships for people with disabilities who are involved in the criminal justice System


  • Limited guardianships for people with invisible disabilities, whether --
    • ​traumatic brain injury
    • mental illness
    • substance use issues
    • etc.
  • for people involved with the criminal justice system
  • guardianship to address the person's:
    • "need for supervision" -- consider other legal procedures if necessary, for example mental health certification. 
    • "need for specialized treatment"
    • "need to develop the person's strengths" 
    • "need for vocational rehabilitation, supported employment, etc."
  • ​CO's Public Guardianship Commission perhaps in collaboration with organizations such asthe Colorado Cross Disability Coalition's Probate Power Program -- to provide technical assistance to guardians and the person for the above 
  • Consider implementing a CO Public Guardianship Program for People who are Involved in the Criminal Justice System.
We're Making Progress -- BUT Not Fast Enough

[We don't totally agree with Dr. Torrey's views on the salvation of current mental health treatment.  It's a very mixed bag.  BUT even the conservative Treatment Advocacy Center & the Mental Illness Policy Organization acknowledge -- there isn't always an adequate treatment.]

Believe it or not, that lines up with historic Disability Activism that says we have to provide housing, services, etc. -- to people NOW with their current needs.  We can't wait for the CURE.
2005 American Bar Association Study on Public Guardianship
[among other things, links State Olmstead Compliance to Adequacy of Public Guardianship]
​

The reality is that the Criminal Justice System is serving as a de facto guardian for thousands of people with invisible disabilities in Colorado and across the Country.
​
There is a role for the Criminal Justice System in all this --
  • adjudicating disputed factual matters
  • overseeing that safety of the public and fairness issues to victims and the accused are adequately addressed.

But the reality is that for many people who commit  crimes the "root cause" of the criminal behavior is really a STATUS:
  • Being a person with a traumatic brain injury that has NOT been treated adequately and/or there isn't adequate treatment
  • Being a person with a mental illness that has NOT been treated adequately and/or there isn't adequate treatment
  • Being a person with substance use issues that have NOT been adequately treated or there isn't adequate treatment
  • Being a person with a developmental disability that has NOT been treated adequately and/or there isn't adequate treatment.