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Mental Health Courts

Overview:
The Bureau of Justice Assistance, in coordination with the Substance Abuse and Mental Health Services Administration, is administering the Mental Health Courts Program. This program will fund projects that seek to mobilize communities to implement innovative, collaborative efforts that bring systemwide improvements to the way the needs of adult and juvenile offenders with mental disabilities or illnesses are addressed.

Community involvement should include the educational system, recreational program, mental health system, drug/alcohol treatment programs, employment services, and housing assistance. The goal of this grant program is to decrease the frequency of clients' contacts with the criminal justice system by improving their social functioning through stable employment, housing, treatment, and support services.

BJA funds projects that include:

  • Continuing judicial supervision—including periodic review—over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders who are charged with misdemeanors and/or nonviolent offenses.

  • The coordinated delivery of services, which includes:

    • Specialized training of criminal justice personnel to identify and address the unique needs of offenders who are mentally ill or mentally retarded.

    • Voluntary outpatient or inpatient mental health treatment, in the least restrictive manner appropriate as determined by the court, that carries with it the possibility of dismissal of charges or reduced sentencing on successful completion of treatment.

    • Centralized case management involving the consolidation of cases that involve mentally ill or mentally disabled defendants (including probation violations) and the coordination of all mental health treatment plans and social services, including life skills training, placement, health care, and relapse prevention for each participant who requires such services.

    • Continuing supervision of treatment plan compliance for a term not to exceed the maximum allowable sentence or probation for the charged or relevant offense and, to the extent practicable, continuity of psychiatric care at the end of the supervised period.

Legislation: The Mental Health Courts Program was created by "America's Law Enforcement and Mental Health Project" (Public Law 106-515).

Funding: A FY 2005 solicitation is pending for a single new demonstration site.

Eligibility: States, state courts, local courts, units of local government, and Indian tribal governments may apply for funding under this initiative. Grantees must provide a minimum 25-percent match, which can be cash, in kind, or a combination of the two.

How/When To Apply: When the solicitation is released later this year, applicants must apply through the Office of Justice Programs' Grants Management System (GMS).

Technical Assistance:
The Council of State Governments (CSG), coordinator of the Criminal Justice/Mental Health Consensus Project, will continue to provide technical assistance to BJA Mental Health Court Program grantees planning, implementing, evaluating, and sustaining their Mental Health Courts. Additionally, they will provide similar assistance to nongrantee mental health courts and to other court-based initiatives to improve the response to people with mental illness in the criminal justice system. The focus of this year's technical assistance will be on helping court-based initiatives fully integrate their activities with other similar programs in the jurisdiction. To achieve this goal, CSG will make available the following forms of support:

  • Convene a national conference for court-based programs to improve the response to people with mental illness including mental health courts.

  • Maintain a web site dedicated to mental health courts, which also serves as a clearinghouse of information for anyone working in the criminal justice system seeking to improve the response to people with mental illness in the justice system.

  • Provide onsite and offsite technical assistance to grantees and nongrantees.

  • Develop a network of demonstration mental health courts, which will provide peer-to-peer support for courts seeking to improve their response to this population.

  • Establish and maintain, in coordination with the TAPA Center for Jail Diversion (funded by the U.S. Department of Health and Human Services) an initiative to support judges and organizations serving the judiciary.

  • Develop and disseminate a written product identifying and explaining the essential elements of a mental health court.

For more information on technical assistance available under this program, visit the BJA Mental Health Courts Program page at www.consensusproject.org and/or register for the Consensus Project e-newsletter.

Research and Evaluation:
National Association of State Mental Health Program Directors Research Institute (NRI)

Related Publications/Information:
"Mental Health Courts and Beyond" Conference Resources (June 2005)

Mental Health Policy Briefs

Mental Health Courts Program: Learning Sites Initiative

"Strategies for Court Collaboration with Service Communities" Program Brief,
November, 2003


The Police Response to People with Mental Illnesses MS WORD

Mental Health Courts Program Fact Sheet

Mentally Ill Offender Treatment and Crime Reduction Act of 2004

Emerging Judicial Strategies for the Mentally Ill in the Criminal Caseload: Mental Health Courts in Fort Lauderdale, Seattle, San Bernardino, and Anchorage (HTML, PDF, or ASCII)

A Guide to Implementing Police-Based Diversion Programs for People with Mental Illness

Memphis, Tennessee, Police Department's Crisis Intervention Team (PDF or ASCII)

FY 2002 and 2003 Mental Health Court Grantees

Related Links:
Criminal Justice/Mental Health Consensus Project
Louis de la Parte Florida Mental Health Institute at the University of South Florida
National Alliance on Mental Illness
National Association of Counties
National Center for State Courts
National GAINS Center
National Institute of Corrections
National Institute on Drug Abuse
National Judicial College
President's New Freedom Commission on Mental Health
Substance Abuse and Mental Health Services Administration

Contact Information:
Michael Guerriere
Bureau of Justice Assistance
810 Seventh Street NW.
Washington, DC 20531
Phone: 202-616-3176
Fax: 202-616-0314
E-mail: michael.guerriere@usdoj.gov