Abstract
As a growing number of individuals suffering from serious mental illness are consigned to prison and selectively relegated to long-term isolated confinement, there is a newly expanded subpopulation of prisoners approaching their release from prison while exhibiting signs of mental illness and repeatedly violating rules. An attribution error and various forms of obfuscation divert attention from a cycle of longer stints in isolation and more rule-breaking behavior, until the time arrives to release the “disturbed/disruptive” prisoner. Since this subpopulation of prisoners is deemed dangerous, there is a crisis in the criminal justice system. There are attempts to solve the crisis by convicting the prisoner of additional crimes to extend prison tenure or by activating postincarceration civil commitment to a psychiatric hospital. These trends are examined, and the question is raised whether they address the core problems in the criminal justice system that result in more prisoners nearing their release dates essentially out of control behaviorally.
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