61. An issue emerges from a conflict between the Olmstead decision and earlier decisions of the U.S.Supreme Court, for example, application of least restrictive alternative principles to those indefinitely detained acquitted defendants held in maximum security psychiatric facilities appears to mandate discharge of those originally charged with misdemeanors and non-violent felonies. A True B False

Question

61. An issue emerges from a conflict between the Olmstead decision and earlier decisions of the U.S.Supreme Court, for example, application of least restrictive alternative principles to those indefinitely detained acquitted defendants held in maximum security psychiatric facilities appears to mandate discharge of those originally charged with misdemeanors and non-violent felonies. A True B False

Answer 1

TrueThe Olmstead decision, which is based on the Americans with Disabilities Act (ADA), emphasizes the importance of providing services to individuals with disabilities in the most integrated setting appropriate to their needs. This aligns with the principle of using the least restrictive alternative for individuals who are detained or institutionalized. Therefore, when applied to defendants acquitted by reason of insanity and held in maximum security psychiatric facilities, this principle suggests that those charged with misdemeanors and non-violent felonies should be considered for discharge or placement in less restrictive environments if it is appropriate for their condition and public safety can be maintained.

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