It took a long, long time. But mental health courts are here at last.
We can thank Florida for this. Judges there (finally) noticed that people with mental illnesses kept reappearing on the court docket. In 1997, Florida set up four mental health courts. By 2022, we have more than 300 of these courts in nearly every state, according to the Council of State Governments Justice Center.
The purpose of mental health courts is three-fold.
- To help defendants improve their functioning and lives. (About 20% of people in prison have serious and persistent mental illness. And those prisoners have more repeat offenses than average.)
- To provide structure for those who need it most. (Prisoners with mental illness spend more time in jail and get less time off for good behavior than other prisoners.)
- To create an environment that encourages recovery and treatment. (Right now, only 11% of inmates who quality for mental health treatment get it.)
Mental health courts are among those with a specialized docket. These dockets aim to reduce stigma about conditions and break cycles of bad behavior. Other specialized dockets include child support enforcement, domestic violence, drugs, human trafficking, veterans and drunk driving. The council has found that, for every $1 invested in specialized dockets, $27 in taxpayer money is saved.
What Is a Mental Health Court?
A mental health court is a specialized docket for defendants with mental illnesses. It substitutes a problem-solving model for the traditional process of criminal courts. Those whose cases are on the docket have been screened and assessed for mental illness.
The participants also must volunteer to participate in a judicially supervised treatment plan. A team of court staff and mental health professionals develop this plan. It specifies tasks and criteria for success (or graduation) from the program. The plan also rewards adherence and sanctions nonadherence.
For example, Franklin County, Ohio, has two mental health courts: the RISE program and the LINC program.
- Franklin County Court of Common Pleas started the RISE program in February 2022. Participants are moderate to high-risk felony offenders who have been diagnosed with a serious mental ilness that was a primary factor leading to their arrest.
- Franklin County Municipal Court has the LINC program for those charged with misdemeanors.
Example: Mental Health Court for Felons
People eligible for the RISE program must have:
- One or more felony charges.
- Been competent to stand trial and not under a current finding of Not Guilty by Reason of Insanity
- A diagnosis of mental illness
- Entered a guilty plea
They are usually admitted to the RISE program at sentencing or during a probation violation hearing. Those who are not eligible for the program include:
- Sex offenders
- A defendant with a child victim or a history of child victim offenses
- Those with a history of serious or repetitive violence, including domestic violence
- Those who post a significant risk of harm to the staff or the community
The RISE program is a two-year program with four phases:
- Consistent adherence to the treatment plan
- Significant improvement in coping skills, healthy communication, boundary setting, emotional process and mood regulation
- At least 365 consecutive days of sobriety
- Completion of any restitution, fines or court costs associated with the case
The two-year time period is flexible as defendants can finish in shorter or longer time period. The program also includes rewards and sanctions to encourage positive behavior.
Example: Tennessee Mental Health Courts
Tennessee grew from three mental health courts in 2022 to 17 in 2023. The state’s legislature adopted the Mental Health Treatment Act of 2022 to give $5.7 million to run the mental health courts.
The Tennessee Department of Mental Health and Substance Abuse Services reports that, so far, 60% who participate in the recovery court programs improve or maintain employment. Seventy percent improve or maintain housing.
However, the department found that the biggest benefit of the program was an increase in public safety.
Mental Health Court Locator
The federal Substance Abuse and Mental Health Services Administration (SAMHSA) within the U.S. Department of Health and Human Services can help determine if a mental health court is in your county.
You can visit the Mental Health Court Locator to find courts for adults and juveniles. You also can call the SAMHSA helpline at 1-800-662-4357.
In Case of Arrest
If your loved one is arrested, talk to your defense attorney about moving the case to the mental health court docket. You also can call the prosecutor and ask to get your loved one’s case into mental health court. Remember: In most cases, your loved one will be required to plead guilty to the charge and will be put in the program after assessment at sentencing.
Mental health courts offer an essential service to keep our loved ones with mental illness out of the revolving door of multiple arrests and prison terms. I’m so thankful this idea is taking hold nationally.