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    From the President's Desk - July 2009

By Hugh Brady


Mental Health Court News

Earlier this month I had the opportunity to attend the second annual Mental Health Courts Conference sponsored by the DuPage County Health Department and the Mental Health Court Association of Illinois. The sessions were very informative and showed that progress is being made toward the decriminalization of mental illness.

The idea behind mental health courts is to keep persons with mental illness out of the criminal justice system and get them into treatment. In a county with a mental health court system the process goes something like this. When a person with mental illness is arrested, somewhere along the line from the initial contact with law enforcement, to arrest and booking, a law enforcement or court official recognizes that the individual has symptoms of a mental illness.

Once in a mental health court, instead of criminal charges being instituted, the individual is offered the opportunity to go to a mental health court instead of a regular court. A team of court officials, prosecutors, public defenders, probation officers and mental health service providers meets and arranges a program of treatment with the consumer. The consumer returns to court on a regular basis to meet with the judge and the team to monitor progress. 

If the consumer is keeping up with the treatment program, he or she gets an “attaboy” from the judge, but if there is back sliding, the judge will keep after them, often times reminding them of the original alternative – the regular court system, indictment, trial, sentencing, the whole thing.

In mental health courts the judges get to know the consumers and their circumstances quite well. And often the intervention of the judge can get the consumer moved to the head of the line when there are waiting lists for treatment programs.

When the consumers successfully complete their treatment programs, they go before the judge one last time. The judge congratulates them, oftentimes awarding a certificate of graduation! And just as important, charges are dropped and the record expunged.

But does it work?

The answer is yes. One of the program speakers was Dr. Henry Steadman of the research organization Policy Research Associates
(http://www.prainc.com/html/default.asp). His presentation, “Understanding the Effectiveness of Mental Health Courts,” gave an overview of the results of mental health courts across the country. His first point was that huge numbers of people in the criminal justice system – 16% overall – have active symptoms of mental illness. And when compared with a control group, those whose cases are assigned to a mental health court show a 20 to 30% decrease in recidivism. While that effect is not huge, it is quite consistent across a variety of studies.

Studies also show diverting consumers from jail to treatment saves money! The cost savings resulting from reduction in jail time more than offset the cost of the treatment programs the courts used. Better outcomes? Lower costs? Mental health courts seem to be a win-win solution to the criminalization of mental illness.

Dr. Steadman also talked about what further research is necessary. He will next be looking into the details of the various mental health court systems, to see what factors contribute most to making a program successful.

Other speakers noted that mental health courts often make use of supportive housing programs as a way to keep their clients off the streets and out of trouble. One speaker observed that “having a place to live permanently often opens client’s eyes to hope and the possibility of a better life,” but cautioned that supportive services are the key to success, and must be available if the court is to succeed. Several speakers noted Illinois’ budget woes and threatened service cuts in that regard.

So far nine Illinois counties, including Cook, DuPage, Kane, Lake and McHenry Counties in our area, have established mental health courts and three more are in the process of doing so.

In Cook County so far, mental health courts have been established in the main court at 26th and California, and at the Maywood courthouse. A third mental health court is due to be established at the Markham courthouse later this year and discussions are underway to set one up at the Skokie courthouse in the near future. Cook County court officials hope to have a mental health court in every courthouse by the end of 2011. For more information, contact Mark Kammerer, the director of treatment programs for the Cook County State’s Attorney’s Office at 773-869-2258.

The message of the day for me was that if a consumer is arrested, the outcome will be much better if they (or their families) can get the case assigned to a mental health court – that is assuming one is available and that it has adequate resources to make treatment successful.