We have met with judges, prosecutors, the defence bar, correctional authorities and mental health professionals. Mental health and youth workers in particular have lamented the reality that the evisceration of their resources, combined with the advent of zero tolerance to violence policies have resulted in policy directives that instruct them to call the police and urge the pursuit of criminal prosecution in cases where those with mental and/or cognitive disabilities are assaultive or abusive. Although the behaviour might previously (and still be) have been considered to be symptomatic of the psychiatric label, reduced resources and priorities mean that they are usually without the requisite supports to handle the most challenging folk. There is a long line-up of others in the community who are not criminalized awaiting treatment options, so they are seen as legally and ethically justified in making such decisions.

The reflex of corrections to develop mental health service in prisons, is only serving to exacerbate the trend to increasingly criminalize women with mental and cognitive disabilities. Developing such services in prisons at a time when they are increasingly non-existent in the community is resulting in more women receiving federal sentences because there will be a presumption that there is an ability to access services in prison that are not available in community settings. Prisons are not and cannot be treatment centres.

In fact, however, those subject to federal terms of imprisonment are too often then relegated to the most isolating conditions and may end up with additional charges and often end up serving many more years in prison as a result of behaviour and charges arising in prison largely as a result of the conditions of confinement to which they are subject. Unlike the sentiment expressed by mental health workers, corrections staff necessarily categorizes the mental health considerations as secondary. Because they are dealing with people who have been criminalized, the behaviour is generally labelled as bad – manipulative, attention-getting, capable of control -- and mental health issues almost always take a back seat to punitive responses.