Recognition That Mentally Ill Americans are Filling Up Jails Brings About Change in the Criminal Justice System
Date:  09-15-2010

Mental Health Courts give another option than locking up the mentally ill
In some states, a mentally ill person picked up by the police for committing a petty offense is arrested, brought before a judge, and sent to jail. This is particularly true in Arizona, where a mentally ill person is ten times more likely to be incarcerated, according to USA Today. Some states try to prevent that from happening. In Connecticut police forces team up with mental health agencies so that a mentally ill person who commits a minor crime can be sent for treatment, not to jail.

Now a new approach is catching on. Mental Health Courts are providing help to the mentally ill, keeping them from being incarcerated, and saving tax payers money. Mental Health Courts are modeled after Drug Courts, and have been in use for several years in San Francisco. The San Francisco Medical Society reports that the rate of metal illness in the prison and jail population is almost four times higher than in the general population. Recognizing this fact, the legal community in San Francisco, including prosecutors, attorneys, judges, police officers and sheriffs, joined with mental health agencies to put together a Mental Health Court.

San Francisco’s Behavioral Court is different than most because it is a “pre-plea” court. A person brought up on charges does not have to plead guilty to access treatment. Each case is considered individually and a treatment plan is prepared accordingly. Most crimes in the San Francisco Court are minor in nature. Crimes of violence, including sexual assault are often excluded from participation, but some are looked over very closely for consideration. Certain factors such as mental health history, outside support, willingness to be treated, and permission from the district attorney determine if a person accused of a serious crime will be accepted into the Behavioral Health Court program.

Clients, as they are called in the San Francisco program, are evaluated and offered treatment. Those who accept the offer and follow the recommendations can have their charges reduced or dismissed, or have their period of probation terminated. Clients are given structure and support, while being held accountable. Success in the program is determined on an individual basis, as each client is unique. Clients are encouraged to receive treatment after completion of the program.

Hattiesburg, Mississippi was awarded a grant of $228,300 by the Bureau of Justice assistance, according to AP. The funds are to be used to establish that state’s first Mental Health Court. The Court ‘s goal is to make sure those who have mental health issues and, whom are charged with misdemeanor offenses, do not get lost in the criminal justice system. Like the San Francisco model, those who complete the program can get their charges dismissed. It is hoped that after completing the program treatment will still be obtained at the Pine Belt Mental Healthcare Resources .

Mental Health Courts are a major innovation for dealing with overcrowding in prisons and of saving tax dollars. Most importantly, they are a humane solution to complicated issue. Warehousing the mentally ill in jails and prisons can no longer be an option when the criminal justice system unites with mental health advocates to form the vanguard of reform.