Chris Powell: Conn. insanity Law is Crazy

Depiction of Mongol cannibalism from Matthew Paris's chronicle.

MANCHESTER, Conn.

Having recently shrugged off his inability to get state government employees to return to their normal workplaces, Connecticut Gov. Ned Lamont may have been lucky to be traveling in India the other week when the state Psychiatric Review Board announced it had conditionally released Tyree Smith, a murderous cannibal, back into society, proclaiming him cured of his taste for human flesh.

Members of the Republican minority in the General Assembly exploded with exasperated questions. 

Of course, the Democratic majority let the event pass without comment. But at least the Democrats' indifference wasn't caused by what might have been expected -- the political influence of something like the Connecticut Anthropophagist Association. Such a special interest would have to work hard to become as predatory as the primary constituencies of the Democrats, the state employee and teacher unions. No, Democratic legislators ignore  everything  questionable in state government when their party controls the administration, which is almost always.

The Republican questions were fair: Where is the cannibal living? Does he have roommates? If so, are they aware of his past? If he is in a group home, is the staff aware? Do his neighbors know he is nearby? Who makes sure he takes his medication? How often he is to take it? What are the supervision and mental health regimens imposed on him? What safety protocols surround him?

The Psychiatric Security Review Board's executive director, Vanessa M. Cardella, answered some of the questions. The parolee's medicine will be administered by a visiting nurse. (He or she better be tall, muscular, and heavily armed, or accompanied by several such guards.) The state probation office will supervise him. He will wear an electronic monitoring device, be tested regularly for drug and alcohol use, and keep receiving mental health treatment. If he fails to comply, the board can send him back to Whiting Forensic Institute, Connecticut's euphemistically named prison for the criminally insane.

Cardella said, ‘‘There is a 0% recidivism rate for violent crime for acquittees on conditional release status."

Yes, so far, so good -- or so it may seem. But many ordinary parolees violate their probation, not all crimes are violent, and psychiatric parolees may offend again short of violence and may already have done so. 

Now who wants to volunteer to be neighbor to someone acquitted by reason of insanity for murder with a side of cannibalism? 

For that matter, where do the governor and legislature find volunteers to serve on the Psychiatric Security Review Board? Those jobs may be as thankless as those of the state auditors, who at least get paid.

But there are fair questions here for legislators too.

The law distinguishes the ordinary criminal from the insane one on the presumption that the latter did not understand the wrongfulness of his actions and so shouldn't be held responsible for them -- shouldn't be punished but just confined, comfortably enough, for the safety of society -- and that he may be restored to sanity and good behavior.

While this may seem sensible and just in principle, it is not persuasive in practice when the crime is murder. For then the law's presumption carries much greater risk. The law assigns the Psychiatric Security Review Board to measure that risk and make a judgment.

That is, state law, not the board itself, already has decided that release should be available to insane murderers judged cured. The board's judgment on the cannibal may be mistaken but appears to have been conscientiously reached. 

The problem is that the law itself is crazy.

The best solution here may be to forbid any release of murderers acquitted by reason of insanity, allowing release only for insane people acquitted of lesser crimes, if there are any such offenders. 

The cannibal's case provides a strong financial reason for this change in policy. For enforcing all the complicated conditions imposed on his release to protect the public probably will be far more expensive and far less reliable than keeping him at Whiting and continuing to treat him there.

Chris Powell has written about Connecticut government and politics for many years (CPowell@cox.net),