Mental Health Association in New York State, Inc.
(Publication Archives)

Community Connections, Fall 2003

Mental Health Court
By Jane Beilein, Executive Director, MHA in Niagara County

Mental health court is an option offered to individuals who have been arrested for non-violent misdemeanor or felony charges. It is a voluntary program that links clients to services and monitors them weekly. Participants must return to court frequently so the judge can ascertain their progress in treatment.

Niagara County Mental Health Court began in February 2003. The model for the court is based on experience with the City of Niagara Falls Drug Court. Mental health service providers meet with the judge to review the cases that will come before him in weekly sessions. Providers file progress reports and update the judge.

Historically, courts gave defendants with mental health issues limited options. Individuals with mental health issues did not receive treatment to support recovery; they were treated like other defendants. The Niagara County Jail became the inpatient warehouse. Prisoners could have a mental health evaluation and receive medications, but no therapy. Once released, they often lacked benefits. Soon, they are arrested again for loitering, public nuisance, or some other misdemeanor.

Mental health court seeks to link defendants to long-term treatment as an alternative to incarceration to combat recidivism by addressing the underlying problems that bring people to court. The court looks at the conditions that cause the criminal act and offers a therapeutic rather than a punitive consequence.

Niagara County has a dedicated judge and a group of mental health clinicians who screen, prepare treatment plans, and report to the judge on the defendants' progress. The staff is assigned from the collaboration of providers and the local government. The staff includes a peer advocate plus, local affiliates from NAMI and the Mental Health Association.

The mental health court can prevent increased traumatization and exacerbation of symptoms for individuals already struggling with mental illness. The program also affords families and communities a viable resource to help individuals who need treatment for mental illness and bring to the attention of the public the service gaps in the mental health system.

It will take time to determine whether the mental health court is effective. If the court can help arrested consumers obtain access to services and divert some individuals from jail or prison, it will be very helpful. It will be a step back from criminalizing mental illness and behaviors associated with it.

posted 9/18/03