Mental Health Courts

What are Mental Health Courts?

Crises in community mental health care and the long-term effects of de-institutionalization, the drug epidemic of the 1980s and 1990s, the dramatic increase in homelessness over the last two decades, and widespread jail overcrowding have all led to an increase in mental health courts. Mental health courts were profiled in the May-June 2001 issue of Court News. The article noted that since 1984 California county jail populations nearly doubled, from 43,000 to 80,000 inmates, while those with serious mental illness increased nearly fivefold, from 3 percent to a range of 11-15 percent.

Like drug courts, mental health courts focus on treatment to restore health and reduce criminal activity. They focus on providing mentally ill offenders with better access to treatment, consistent supervision, and support to reconnect with their families. The biggest challenges in mental health courts are in the areas of training, funding, and the management of complex cases.

Common Elements in Mental Health Courts

• Participation in a mental health court is voluntary. The defendant must consent to participation before being placed in the program.
• Each jurisdiction accepts only persons with demonstrable mental illnesses to which their involvement in the criminal justice system can be attributed.
• The key objective of a mental health court is to either prevent the jailing of mentally ill offenders or to secure their release from jail for appropriate community services.
• Public safety is a high priority, and mentally ill offenders are carefully screened for appropriate inclusion in the program.
• Early intervention is essential, with screening and referral occurring either immediately after arrest or up to a maximum of three weeks after arrest.
• A multidisciplinary team approach is used, with the involvement of justice system representatives, mental health providers, and other support systems.
• Intensive case management includes supervision of participants, with a focus on accountability and monitoring of each participant's performance.
• The judge is the center of the treatment and supervision process.

For more information about mental health courts, contact Administrative Office of the Courts, Karen Moen, karen.moen@jud.ca.gov, 415-865-4220.

Links

Criminal Justice/Mental Health Consensus Project

Center for Court Innovation (New York State)

King County Mental Health Court

"Rethinking the Revolving Door: A Look at Mental Illness and the Courts" (PDF)

The Bazelon Center for Mental Health Law , The Role of Mental Health Courts in System Reform

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