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Nashville Officials Wrestle with Repeat Violent Offenders and Broken System as New Mental Health Laws Approach

Justice system, mental health assessment

Nashville Officials Efforts to Curb Repeat Violent Offenders and Address Broken System

For more than a decade, a Nashville citizen named Carl Jerome Hamilton has repeatedly found himself immersed in the Davidson County criminal justice system. Hamilton has amassed about a hundred criminal charges since 2007, mostly resulting from his struggles with drug addiction and mental health issues.

Hamilton’s Criminal Journey

Hamilton’s criminal activities have escalated over time, transforming from less significant crimes to violent offenses. In October, after serving two out of a total six-year sentence for kidnapping a woman in a parking garage of a downtown apartment complex, he was released from the Davidson County jail. After a couple of months, he was once again arrested, this time for similar crimes committed at another apartment complex in Nashville.

Hamilton’s case was dropped on April 25 when, during a hearing at the Davidson County Superior Court, a doctor declared him mentally unfit to stand trial. As a result, he was released. Yet, the very next day, he returned to the apartment complex and supposedly raped an Amazon delivery driver in the mailroom. As it now stands, Hamilton faces felony charges of kidnapping, rape, and robbery due to this incident.

Incident Fueling Change

This is just the tip of the iceberg. The system has witnessed numerous incidents where individuals released from custody after being declared mentally incompetent commit further violent crimes. However, two new state laws going into effect in July are expected to help mend this faltering system. They would mandate mental health assessments and treatment for minor offenders and necessitate automatic commitment for anyone regarded as mentally unable to stand trial.

Notwithstanding, mental health and disability advocates express concern that these laws may lead to more individuals lingering on in overcrowded jails due to the lack of treatment programs and insufficient staffing for psychiatric beds.

Reaction from Advocates

Eliot Pinsley, who heads the Behavioral Health Foundation based in Nashville, claimed that Tennessee currently lacks the infrastructure required to handle an increase in individuals needing civil commitment under the new laws. Meanwhile, Davidson County General Sessions Judge Melissa Blackburn voiced similar worries about more individuals ending up in jails awaiting treatment.

Impact of Jillian’s Law

Last year, the tragic death of Belmont University’s Jillian Ludwig brought attention to the issue. Jillian was struck by a stray bullet fired by Shaquille Taylor, who has an intellectual disability and had been considered unfit for trial for another violent crime, yet did not qualify for involuntary commitment. Jillian’s Law was passed in response, requiring any criminal defendant found unfit due to mental health issues or intellectual disability to commit to a mental health treatment facility. The law bans such defendants from owning or purchasing firearms.

However, Pinsley warns that Jillian’s Law caters to a broader range of Class A Misdemeanors, such as DUI and theft, potentially ensnaring a swath of nonviolent offenders and leading to a surge in people waiting for treatment. Tennessee’s Department of Intellectual and Developmental Disabilities stated that they were preparing for an “anticipated increase in commitments” once Jillian’s Law comes into effect.

Need for More Support

Davidson County Sheriff Daron Hall, who presides over the jail system, has been advocating for greater mental health support but expresses concerns about using jails as holding pens while the state is trying to provide mental evaluations and treatment. Hall believes a prison is not the appropriate setting for people incapable of being restored back to competency.

Yet, lawmakers believe that the implementation of Jillian’s Law provides the public with peace of mind and safety. House Majority Leader William Lamberth emphasized that the resources to implement Jillian’s Law have been funded, irrespective of the congestion in jails. He believes dangerous criminals should be held accountable to protect society, and if more jails or mental health resources are required to restore competency, they will be established.

Striving for Better Solutions

Judge Blackburn is planning for more community-based programs that can help break this revolving door of a situation. She is working with a local nonprofit called Park Center on a supportive housing program that could provide medication and a safe residence, potentially offering a alternative solution to the issue.


Nashville Officials Wrestle with Repeat Violent Offenders and Broken System as New Mental Health Laws Approach

HERE Nashville
Author: HERE Nashville

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