MDLPA: Artificial Intelligence, Algorithms, and the Impact on Mental Disability Law
Presented by: Michael Perlin, JD and Heather Ellis Cucolo, JD
1.5 Hours / 1.5 CEs
On Demand | Self-Paced Professional Training
This on-demand professional training program on Artificial Intelligence, Algorithms, and the Impact on Mental Disability Law is presented by Michael Perlin, JD, and Heather Ellis Cucolo, JD in partnership with Mental Disability Law and Policy Associates (MDLPA).
In this program, we explore – we believe for the first time ever anywhere – the potential implications of AI for mental disability law decision-making in the areas of (1) civil commitment law, (2) retention and recommitment law, and (3) refusal of involuntary treatment law, predominantly as it relates to the question of diagnosis and right to refuse medication.
We introduce the basics of artificial intelligence and highlight the ongoing debate about the value (and morality) of using AI in the law. There has been much written about the use of AI in healthcare, such as the use of therapeutic chatbots (AI therapists) who can provide support and advice to individuals seeking help for mental health issues and integrated wearables, which can interpret bodily signals using sensors and offer human assistance when needed. However, the legal literature has remained silent on the impact of AI in mental health law decision-making, notwithstanding the considerable attention paid to the predicate question: what is the potential impact of AI on the diagnosis of mental illness?
To analyze this question, we explore how legal debates have focused on emerging AI technology using risk assessment tools (primarily in the criminal justice system decision-making process). We discuss the concerns surrounding the human-computer interface, specifically how humans collect and feed information into the tools and how humans interpret and evaluate the information that the tools generate. We briefly identify and cover the legal implications, including but not limited to data privacy, algorithmic bias, and professional liability.
We then consider the legal pitfalls of relying on risk assessment tools in the assessment of persons with a mental disability and discuss the concerns over using AI in the courtroom- specifically on the questions of prediction of dangerousness and accuracy in diagnosis. We investigate and theorize how all of this relates to the disposition of commitment cases, periodic review cases, and cases about a patient’s right to refuse treatment. Finally, we conclude with a consideration of the therapeutic jurisprudence implications of using AI in this area. There has been extensive therapeutic jurisprudence literature on all aspects of substantive mental disability law, but none of this has yet focused on the potential role of AI in the decision-making in question.
This program is intended for Individuals involved at any level of the mental disability law decision-making process; including those who serve as expert witnesses in the cases mentioned above (both hospital employees and those who work with patients’ rights/advocacy groups), and persons who regularly use risk assessment with similar populations.
Learning Objectives
Upon completion of this training, participants will be able to:
- 1 Describe the potential impact of AI on mental disability law (focusing primarily on civil commitment, periodic review, and the right to refuse treatment)
- 2 Describe the role of AI in risk assessment and diagnostic evaluations and how AI is used to create algorithms employed in such cases
- 3 Describe an introduction to the use of AI in criminal law for persons with a mental disability and understand how the courts have considered such testimony
- 4 Describe how AI can fit into the framework of therapeutic jurisprudence
Presented By
Michael L. Perlin, JD
Michael L. Perlin is Professor of Law Emeritus at New York Law School (NYLS), founding director of NYLS’s Online Mental Disability Law Program, and founding director of NYLS’s International Mental Disability Law Reform Project in its Justice Action Center. He is also the co-founder of Mental Disability Law and Policy Associates. He has written 31 books and nearly 300 articles on all aspects of mental disability law, many of which deal with the overlap between mental disability law and criminal law and procedure.
Presented By
Heather Ellis Cucolo, JD, Prof. Distinguished Adj., NYLS; Owner, MDLPA; Prof. Adj., Emory University School of Law; Bd. Dir. Collier School
Heather Ellis Cucolo is Distinguished Adjunct professor of law and the facilitator of the joint JD/MA program with John Jay College of Criminal Justice, at New York Law School (NYLS). She is also an adjunct professor in the JM Program at Emory University School of Law, and a Fellowship faculty member at Albert Einstein College of Medicine. In addition to those roles, Professor Cucolo is co-owner of Mental Disability Law and Policy Associates, a legal education and professional training company, and was elected to the board of trustees for the International Society of Therapeutic Jurisprudence, a non-profit organization. Formerly, in her full-time legal practice, Professor Cucolo dedicated her career to representing individuals at trial facing civil commitment under both the New Jersey Mental Hygiene Law and New Jersey’s Sexually Violent Predators Act. She authored and argued appeals before the New Jersey Appellate Division with over 27 reported decisions. She has published four textbooks and over 21 law review articles with mentions in an Eastern District of New York court decision and an Iowa appellate decision. She was honored to receive the Otto L. Walter Distinguished Writing Award for two consecutive years in 2018 and 2019. Professor Cucolo’s international work has included: expert testimony on extradition from the United Kingdom to the United States for persons convicted of a sex offense; pro bono advocacy for LawAid International; speaking at the United Nations on the rights of persons with disabilities in the Asia-Pacific region; and the creation of an instructional course on disability legislation for attorneys in Japan.
Training Outline
Key topics covered in this training include:
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Meaning of AI
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How AI has been used in legal decision-making in other areas involving persons with a mental disability.
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Significance of use of AI and algorithms related to mental disability law decision-making
-Risk assessment
-Diagnosis
-Preventative care -
How all of this relates to:
-Civil commitment trials
-Periodic review hearings
-Refusal of medication hearings -
Application of therapeutic jurisprudence (TJ) to the questions raised.
We are proud to partner with
Mental Disability Law and Policy Associates (MDLPA)
We are proud to partner with Mental Disability Law and Policy Associates, LLC for this training. MDLPA is a boutique educational training company that offers specialized mental disability law consulting, the creation or enhancement of distance learning programs, in-house or online courses, and day or weekend training seminars to reputable organizations, educational institutions, professional groups, and advocacy groups focused on providing advanced knowledge and skills to persons working with marginalized populations.
CE Sponsorship Information
Palo Alto University, Continuing & Professional Studies (CONCEPT) is approved by, recognized by, or maintains sponsorship provider status with the following boards and agencies. We maintain responsibility for all content in our CE/CPD programs. For more information, visit here.
American Psychological Association (APA): Approved sponsor of continuing education for psychologists.
Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.
Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.
National Board for Certified Counselors (NBCC): Approved Continuing Education Provider (ACEP No. 7190).
Palo Alto University, Continuing and Professional Studies (CONCEPT) is approved by the American Psychological Association to sponsor continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT) maintains responsibility for this program and its content. Palo Alto University, Continuing and Professional Studies (CONCEPT), is approved by the Canadian Psychological Association to offer continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT), SW CPE is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0356 and the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0073. Palo Alto University, Continuing and Professional Studies (CONCEPT) has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 6811. Programs that do not qualify for NBCC credit are clearly identified. CONCEPT Professional Training, #1480, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. CONCEPT Professional Training maintains responsibility for this course. ACE provider approval period: 11/22/23-11/22/26. Social workers completing this course receive (clinical or social work ethics) continuing education credits.