Canadian Law: Incarceration for NCR adult.
My daughter, age 29, has been NCR, and in a mental hospital for the past 7 years. Her last ORB hearing, she is still considered a high risk to injure herself, and others. Treatment is ongoing.
A month ago she assaulted, and injured a staff member. She was charged. She was taken to the Police Department and fingerprinted (although that was already on record). She was given a court date, which is tomorrow.
Talking to her caseworkers, it is highly unlikely that she will be sent to jail. But today, speakig with her Psychiatrist, he says he has no idea what the court will do, as there are no guarantees.
I was under the impression that she would be returned to the hospital, and that the process of having her charged, was more or less a paper trail, to what end I don't know, except for future problems the person she assaulted might need, like medical benefits, time off, etc.
If there is anybody that can offer an educated guess as to what the probability, or what the chances are that a person such as my daughter would be sent to jail over this, or, what the court process actually is in dealing with severe mental illness combined with a designation of NCR is, it would really set my mind at ease.
She will not survive in jail.