Appendix 3
Feasibility study on collecting information on the involvement of adults and youth with mental health issues in the criminal justice system – Consultation Document

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Background
Purpose of the consultation
Identification of consultation participant
Discussion points

Background

For those working in the criminal justice and health sectors, the increased involvement of persons with mental health issues in the criminal justice system has been apparent. While there have been pockets of studies and data collection activities trying to quantify the issue at the police, courts and corrections levels, there is presently a lack of data to understand the extent of the problem, to inform decision-making regarding policy and action, and to measure outcomes of current initiatives and processes.

Purpose of the consultation

At the request of Deputy Ministers responsible for justice matters, the Canadian Centre for Justice Statistics (CCJS) is examining the feasibility of collecting data on the involvement of adults and youth with mental health issues in the criminal justice system. Therefore, the objectives of this consultation are to:

• Consult with key stakeholders to determine information priorities regarding the issue, and;

• Determine what data are currently being collected on the topic, how they are being collected and any barriers to data collection.

In addition, the study aims to examine issues of confidentiality and privacy regarding data collection, as well as describe strategies, responses, legislation, policies and training that exist with respect to the involvement of persons with mental health issues in the criminal justice system.

The CCJS is looking to consult with stakeholders in the areas of policing, courts, corrections and health, as well as with researcher, academics and non-governmental organizations specializing in this area.

Identification of consultation participant

The following information will help us to compile and analyze the results of the consultation.

Name:

Title:

Organization:

Section:

E-mail:

Phone number:

Fax number:

Date of consultation:

Discussion points

This document is drafted in a general manner to gather feedback with respect to police, courts, corrections and health services. Please respond to the questions as they relate to your specific sector, but if you have comments to make regarding other sectors, please include these as well.

A. General objectives of data collection

Information on adults and youth with mental health issues who are involved in the criminal justice system can serve a number of objectives. These include:

• Improve public awareness regarding the issue.

• Assist those in the field and in policy to make information-based decisions regarding responses to the issue, including program development.

• Measure workload, performance and outcomes.

• Establish baseline information.

• Work toward consistent data recording practices.

Questions:

A1 Are there other objectives for data collection that have not been mentioned above?

A2 Among the objectives listed above and any others that have been suggested, could you identify, in order, the three most important objectives that you see these data serving?

B. Information needs and priorities

To make recommendations on the types of data that should be collected regarding persons with mental health issues in the criminal justice system, it is crucial to understand the current issues and gaps in information.

B1 Without getting caught up in the definition of 'mental health' right now, what are the priority issues facing police, courts, corrections or health services in your jurisdiction with respect to youth and adults with mental health issues? (e.g., Police are spending too much time responding to calls involving non-criminal activities by persons with mental health issues, or; there are few options for police when dealing with persons with mental health issues who have not committed a crime.).

B2 What information do you need to understand and respond to these priority issues (e.g., Information on the number of non-criminal incidents involving mentally ill persons that police respond to. Information on the average length of time for each police intervention, etc.)?

B3 At what geographic level would information be most useful (i.e. municipal, provincial, regional such as Atlantic Region, etc., national)?

B4 Are you aware of any data or potential sources of information either within or outside your organization that could inform these questions or issues?

C. Data availability

C1 Does your organization currently collect or has it ever collected any data regarding persons with mental health issues? Collection means systematic, on-going tracking of information, or a one-time study.

C2 If yes, can you describe the following about the data:

• Types of information collected

• Method of data collection and storage

• Reference period

• Characteristics of the population targeted for data collected (e.g. adults, youth, federal offenders, etc.)?

• Retention period for the data collected

• Are any findings from these data available in a report?

D. Data collection: Police information

This question relates to the policing community. Please continue to Section E if you are not in a position to provide feedback on this section.

One possible way of gathering information on police contacts with persons with mental health issues is by conducting a survey with a sample of police services. For instance, for a period of time during the year, a sample of police services could be asked to complete a one-page survey form to provide information on incidents involving persons with mental health issues. These would be returned to the CCJS for processing and analysis.

Questions:

D1 Does this approach seem feasible? What challenges do you foresee in such an option for data collection?

D2 Is there any way of resolving these challenges or can you recommend any other approaches?

D3 Do you have any other concerns about gathering information about contact with police or about the involvement of adults and youth with mental health issues in the criminal justice system in general?

E. Defining mental health

Defining 'mental health issues' or 'mental illness' will be one of the biggest challenges with respect to data collection because of the potentially vast scope of a definition. For instance, from a clinical perspective anything from substance addiction to psychopathic behaviour is included under the Diagnostic and Statistical Manual for Mental Health Disorders, 4^th Edition (DSM-4).Data collection, however, needs to be feasible and meaningful.

E1 In terms of the issues facing police, courts, corrections, or health services and considering any operational challenges in collecting this kind of information, what types of behaviours or disorders should be included when defining persons with mental health issues?

F. Training, protocols, procedures, policies and legislation

F1 Does your organization have training or other strategies in place to guide employees when dealing with persons with mental health issues?

F2 What are the options for police when dealing with someone they suspect has mental health problems (e.g., charge, not charge, referral, etc.)?

F3 Can you describe any protocols, procedure, policies or legislation in effect in your jurisdiction that guide police, court, corrections, health services in responding to persons with mental health issues?

F4 Are there any other protocols, procedures, policies or legislation in your jurisdiction not discussed above that are relevant to the issue of persons with mental health issues in the criminal justice system?

G. Other

G1 Is there anything that has not been covered in this consultation that you want to raise with respect to collecting data on adults and youth with mental health issues involved in the criminal justice system?

H. Additional consultations

H1 An attempt has been made to include as many key stakeholders as possible within the timeframe of this consultation process. Can you suggest anyone else who should be included?

I. Next steps and follow-up

The CCJS will continue to consult with stakeholders until spring 2008. The information gathered will be used to determine the types of information that are needed and to describe the current processes, legislation, etc. for handling persons with mental health issues who come into contact with the criminal justice system. The second part of this project will then be to determine how to collect the information that is needed. To this end, further consultations may be required. A report recommending the types of information to collect and options for data collection will be released by March 2009.