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Mental Health Courts
In partnership with the Council of State Government's Criminal
Justice/Mental Health Consensus Project and the National GAINS/TAPA Center,
NAMI has develped a new national survey of Mental Health Courts. These
Courts are proliferating around the country. There are currently
at least 80 in existence, with more in the planning stage.
Ironically, while new Courts continue to develop, federal
funding through the Department of Justice's Mental Health Courts grants
program is in jeopardy. See details about both of these items below.
(1) NAMI is pleased to announce the publication
of the "Survey of Mental Health Courts" the first
comprehensive assessment of mental health courts throughout the
United States. The Survey is the result of collaborative efforts
between NAMI, the Council of State Governments (coordinator of the
Criminal Justice/Mental Health Consensus Project http://www.consensusproject.org
), the National GAINS Center for People with Co-Occurring Disorders
in the Justice System ( http://www.gainsctr.com/
), and the TAPA Center for Jail Diversion (http://www.tapacenter.org/)
. This survey would not have been possible without the tireless
efforts of Mr. Paul Spaite, Esq., a NAMI member from Ohio. All of
this organizations involved with this project are grateful to Mr.
Spaite for his work.
Mental health courts are a relatively new and innovative
way of combating the growing problem of our nation's jails and prisons
being used as de facto treatment facilities for persons with mental illnesses
who have been accused of crimes. These problem-solving courts have a dedicated
mental health docket, meaning that they focus exclusively on defendants
with mental illnesses, and link these defendants to appropriate treatment
and supportive services instead of incarceration. Mental health courts
are characterized by continuing judicial supervision over a defined period
of time, voluntary participation on the part of the offender and, in many
cases, upon an offender's successful completion of a mental health program,
the dropping of
criminal charges against the individual.
NAMI has long supported alternatives to the criminalization
of persons living with mental illnesses and we are pleased to report that
as of September 2003, as many as 80 mental health courts are in existence
or in planning stages throughout the country. Funding for these courts
is
derived from federal, state and/or local sources. Many of these courts
were created with federal grants provided through bipartisan legislation
(America's Law Enforcement and Mental Health Project Act, P.L. 106-515)
in 2000. In Fiscal Year 2002, Congress appropriated $5 million for the
mental health courts program and in Fiscal Year 2003, it appropriated
$4 million.
Ironically, at a time when these courts are proliferating
and beginning to yield results, they are in danger of losing critical
support from Congress. The House of Representatives allocated no money
for mental health courts in its Fiscal Year 2004 Appropriations bill and
the Senate
Commerce, Justice, State and the Judiciary Appropriations Subcommittee
similarly appropriated no money for these courts. Advocacy is needed to
ensure that funding is restored when the full Senate considers the appropriations
bill for Commerce, Justice, State and the Judiciary in
the coming weeks.
Take Action on this issue.
Although data from these courts is just beginning to emerge
and therefore any conclusion about trends is premature, it is nonetheless
interesting to note that many of these courts accept felony offenders
in addition to misdemeanants. Also noteworthy is the availability
in many instances of not only deferred sentencing in the post-plea
phase of court proceedings but also deferred prosecution in the
pre-plea phase. The Survey reveals a variety of methods employed
by the different courts to meet the same end--getting low-level
offenders with mental illness
out of incarceration and into effective treatment.
The Survey of Mental Health Courts is an evolving work,
as are the courts it profiles. We urge you to contact us with any changes,
corrections, additions, or suggestions regarding a court about which you
may have particular knowledge. The Survey is meant to be a tool for
consumers, family members, advocates, court personnel, legislators, researchers,
and others who are interested in alternatives to criminalization of persons
living with mental illnesses. We hope you find this tool helpful.
Please contact Veronica Manahan or Ron Honberg at the NAMI
Office, 703-524-7600, with any questions about this survey or if you would
like a hard copy of the survey.
(2) Federal Funding of Mental Health Courts in
Jeopardy
Congress first authorized the federal Mental Health Courts
program as part of legislation passed in 2000 (P.L. 106-515). This bipartisan
legislation was sponsored by Senator Mike DeWine (R-OH) and Representative
Ted Strickland (D-OH). The establishment of mental health courts is rapidly
emerging as one of the most successful strategies to address the stark
reality that jails and prisons have become the nation's depository for
people with severe mental illnesses. Currently,
there are nearly 100 Mental Health Courts in existence around the country.
Mental Health Courts are treatment oriented courts with
dedicated mental health dockets, characterized by continuing judicial
supervision over a defined time period. The purpose of these Courts is
to link people with treatment and supportive services in lieu of incarceration.
Many of
these Courts operate on a deferred prosecution model, meaning that criminal
charges are dropped once individuals complete their treatment programs.
In FY 2002, Congress appropriated $5 million for this program.
Last year, in FY 2003, Congress appropriated $4 million. While these are
modest funds, they have proven very helpful as "seed grants"
in helping these specialized Courts become operational. The elimination
of federal support for these innovative programs in FY 2004 would be a
serious mistake. Yet, this may well occur. The House of Representatives
allocated no money for these courts in its FY 2004 Appropriations bill.
Moreover, the Senate Commerce, Justice, State and the Judiciary
Appropriations Subcommittee, which has responsibility for funding this
program, similarly appropriated no money for these courts.
Action Needed
Your advocacy is needed to restore funding for Mental Health
Courts restored when the Commerce, Justice, State and the Judiciary Appropriations
bill is considered by the full Senate. This could occur as early as the
week of September 29th.
Please contact your two U.S. Senators and urge them to support
full funding of $10 million for Mental Health Courts when the Commerce,
Justice, State and the Judiciary Appropriations bill comes up for vote
on the floor.
All Senators can be reached by calling the Capitol Switchboard
toll free at 1-800-839-5276 or at 202-224-3121or online through www.congress.org
( http://www.congress.org
) .
You can also contact them directly with our online advocacy
tool.
( http://beta.nami.org/Template.cfm?Section=Become_An_Advocate&
Template=/CustomSource/Advocacy/IssueDisplay.cfm&ContentID=
10566&IssueID=171 )
Ron Honberg, J.D.
National Director for Policy and Legal Affairs
NAMI
Colonial Place Three
2107 Wilson Blvd., Suite 300
Arlington, VA 22201-3042
703-516-7972
RonH@nami.org
www.nami.org
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