People suffering from mental illness is not a new phenomenon, but it has been getting more attention lately. All across our nation, communities are coping with the effects of mental illness. For many years, mental illness was rarely, if ever, discussed in a public setting. The mentally ill were often ignored and a stigma was attached to the illness that was not attached to other human sicknesses.

      Many individuals who suffer from a mental illness are able to live with their condition and never run afoul of the law. But all too often, a mentally ill person who has not received adequate treatment commits a criminal offense and is arrested. Local law enforcement officers can tell you that too much of their time is spent dealing with the same mentally ill individuals over and over again.  Not only is this frustrating for law enforcement, but these cases take up valuable officer time that could be better spent investigating and solving other crimes in our community. 

How has the legal system traditionally dealt with mentally ill individuals when they are arrested for committing low-level crimes?

     Usually, individuals with mental disorders who commit less serious criminal offenses are arrested, and, if convicted, are sentenced to serve time in a county jail where their mental health condition frequently deteriorates. After completing his or her sentence, the individual is released back into the local community where the pattern often repeats itself and sometimes results in the commission of more serious violent offenses.  Some studies have shown that as many as 25% of individuals arrested suffer from some type of severe mental illness.

What is a mental health court?

     Mental Health Courts operate special court dockets designed specifically for individuals arrested for low-level criminal offenses who have been diagnosed with a severe mental illness.  The mental health court program is a collaboration between local law enforcement, mental health professionals, prosecutors, defense attorneys and judges with a goal of reducing recidivism by requiring compliance with an ongoing treatment plan.  Defendants who are allowed to enter the program are required to attend counseling, take medication as prescribed by a doctor, submit to frequent drug testing to ensure that no illicit drugs are being used, remain under a nightly curfew, and to appear for regular court appearances before a mental health court judge to monitor compliance and impose sanctions for any violation of program rules.

Will mental health court make our community a safer place to live?

     Improving public safety is one of the primary goals of every mental health court. It is common knowledge that left untreated, a person’s mental illness will typically worsen, leading to future antisocial behavior that increases the risk of harm to everyone living in our community.  People who commit non-violent crimes are often arrested, held for brief periods in a county jail, and then released back into our community after serving their time with little or no treatment. During incarceration their mental illness frequently worsens and upon release it should come as no surprise that, more often than not, they will commit other crimes that again results in their incarceration and the cycle beginning all over again. 

What are some other benefits to having a mental health court?

     In addition to improving public safety, mental health courts free up valuable law enforcement time to investigate other crimes and helps reduce the financial burden on taxpayers by decreasing costs associated with repeatedly housing, feeding and providing medication to mentally ill individuals serving time in the county jail.  It’s also the right thing to do. Helping the mentally ill and their family members who are struggling on a daily basis to cope with the effects of mental illness of a loved one is an important goal for any community that cares about others. What’s good for mentally ill individuals and their families is also good for our community.

Will people accused of committing serious criminal offenses be eligible for mental health court?

     No. People who commit serious crimes in our community are not eligible for mental health court. Mental health courts are normally available only for those individuals that are charged with certain low-level nonviolent criminal offenses. These are crimes that are typically classified as misdemeanors that carry a maximum punishment of 12 months in a county jail and often less. 

 Can’t we just lock up people when they commit crimes, even if they are mentally ill?

     Yes, simply because someone suffers from a mental disorder does not mean that they are incompetent to stand trial.  A mentally ill person who understands the wrongfulness of his or her conduct and is able to assist his or her lawyer and possesses a sufficient degree of competency at the time of trial will still be held accountable under the law for their criminal offense.  But as previously noted, the criminal offenses that are eligible for mental health court are typically lower-level crimes that are classified as misdemeanors and carry a short maximum sentence in a county jail and often result in probation with no jail time.  

What options are available to deal with mentally ill people who commit lower-level crimes?

     There are really only two options available for dealing with the mentally ill in our criminal justice system:

• Continue the past practice of incarcerating individuals with serious mental illness in a jail that is not equipped to provide any meaningful treatment, where their condition normally worsens, and then release the untreated individual back into our community after serving their sentence, only to begin the cycle all over again, or
• Sentence individuals to a mental health court program where they are required to attend counseling, take medication as prescribed by a doctor, submit to frequent drug testing to ensure that no illicit drugs are being used, remain under a nightly curfew, and where compliance is monitored with regular court appearances before a mental health court judge.

     We can conduct business as usual and watch the cycle of arrest, incarceration and release of mentally ill offenders back into our communities continue, or we can attempt to end the cycle by requiring mental health treatment. Providing such treatment will be much more likely to keep them from reoffending, perhaps even in violent ways.  Admittedly, mental health courts will not be a hundred percent effective in ending the cycle, but studies show that such programs do dramatically decrease recidivism among those individuals who graduate from a mental health court program.  Ultimately, a mental health court will make our communities safer places for us all to live and to raise our families.