WA Parliamentary Question on Notice regarding the incarceration of individuals with mental health issues and intellectual disabilities. The response highlights data limitations and provides some figures on intellectual disability and orders under the Criminal Law (Mentally Impaired Accused) Act 1996.

AnsweredQoN 4702Legislative Council
Asked
22 September 2011
Portfolio
Corrective Services

QuestionView source ↗

(1) For the years 2008, 2009, 2010 and 2011 -
(a) how many people with an identified mental health issue have been incarcerated;
(b) how many people with an identified intellectual disability have been incarcerated; and
(c) how many people who have been diagnosed with both an identified mental health issue and an identified intellectual disability have been incarcerated?
(2) Of those people who have been incarcerated -
(a) how many were subject to involuntary orders by the Mental Health Review Board under the
Criminal Law (Mentally Impaired Accused) Act 1996
; and
(b) how many were incarcerated under the
Criminal Code
?

AnswerView source ↗

Answered
1 November 2011
Responded by
Minister for Finance representing the Minister for Corrective Services
Response time
40 days
(1)(a) The Department of Corrective Services (the Department's) database does not currently have the capacity to accurately identify those prisoners received into custody who have an identified mental health issue. The Department's Electronic Health Online System (EcHO) is currently being enhanced to enable accurate statistical information to be collated relating to prisoners who have a mental illness within the custodial setting.
(b) 2008 - 14
2009 - 25
2010 - 22
2011 - 13 (up to 30 August 2011)
With regards to these numbers, the following should be noted:
· These numbers reflect individuals with an identified intellectual disability who were received into custody in the given year; not the total number of individuals with an identified intellectual disability incarcerated within the given year.
· These numbers only reflect those individuals received into custody in each year who had an identified intellectual disability, as indicated by them being a registered Disability Services Commission (DSC) client.
(c) Please refer to part (a).
(2)(a)-(b) Not all individuals placed on custody orders under the
Criminal Law(Mentally Impaired Accused) Act 1996
(the Act) are held in prison custody. The Department can only provide information in relation to those held in prison custody.
There are individuals in prison custody as a result of custody orders made under the Act and subject to review by the Mentally Impaired Accused Review Board. The numbers received into prison custody on such an order in the specified years are shown below:
2008 - 3
2009 - 3
2010 - 5
2011 year to date - 1
Note:
· On 31 December 2007, there were six individuals already in prison custody subject to custody orders under the Act.
· Some individuals were on remand in prison custody for various time periods before being placed on a custody order. These have been counted in the respective years when the custody order was made.
· Some individuals were in the community under a conditional order under the Act and for various reasons (breach of conditions and/or reoffending) were returned to prison. These have been counted in the respective year in which they were returned to prison custody.
· There are currently 14 individuals in prison custody subject to a custody order under the Act, including one jointly serving a strict security life sentence under the
Criminal Code
.
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