The Chief Justice's MENTAL HEALTH & CRIMINAL JUSTICE TASK FORCE Exploring Ways to Better Meet Community Needs

Task Force  Stakeholders: representation across state agencies and community organizations  Subcommittees  Communication, Collaboration, and Resource Allocation  Education, Prevention, and Victims’ Rights  Identification, Assessment, and Treatment  Juvenile Issues  Mental Health Courts

The Task Force’s Charge Develop policy recommendations regarding:  Prevention  Streamlining  Identification of defendants in need of mental health treatment  Enhancement of victims’ rights  Referral to mental health courts established in each county for judicially supervised community- based treatment.

Communication Between Systems

Tonight’s Agenda  Provide brief overview of how mental health courts work.  Listen to you:  Issues and challenges facing criminal justice- involved individuals with mental illness  Recommendations for improving the manner in which the criminal justice system deals with those living with mental illness.

OVERVIEW: Mental Health Court Separate docket specifically for mentally ill defendants, located in the same building as criminal courts. Tracks the progress of defendants in the program - can impose criminal sanctions for lack of compliance. - enhances supervision and access to treatment and related services MHC has dedicated  Judge, Prosecutor, Public Defender, Probation and Parole officers, Psychiatric Social Workers

OVERVIEW: Mental Health Court  Incorporate individual’s specific needs and considerations into treatment plan.  Includes tools beyond traditional punishment.  Continuity of Supervision and Care  Court session as therapeutic: non-adversarial approach & informal atmosphere. -treatment, court and correctional staff reach consensus before hearings to reduce conflict in court. -Judge as “encourager.”

Delaware’s Adult MHCs  NCCO Court of Common Pleas court, est. 2003;  diversionary  diversionary court: enter a guilty plea + complete the program (4-9 months, some stay longer) = no criminal conviction felony VOP  NCCO felony VOP est  Defendants on probation may be referred to the MHC VOP court where they are seen regularly regardless of violations  Agree to conditions+ complete the program (4-18 mos, some stay longer) = better probation outcomes (shorter probation, fewer violations, less incarceration)  Kent & Sussex County courts are in the works

Delaware’s Family Court MH Initiatives competency calendar  Dedicated juvenile competency calendar for  conducting competency hearings  monitoring compliance with treatment recommendations for non-competent juveniles facing open charges.  Diversion calendar  Diversion calendar: treatment-based resolution of the delinquency charges of juvenile offenders with mental health disorders.

General Screening Process (Participant Requirements) 1.May not be charged with sex offenses or violent offenses, or have out-of-state charges. CCP excludes DUIs and motor vehicle offenses. 2.Must be diagnosed with at least one clinical disorder categorized as Axis 1 disorders (depression, bipolar disorder, etc.) 3.Must voluntarily enter the program and, for diversion, must plead guilty.

MHC Program Hearings 1.The Intake Hearing: Formally and officially introduces offender into the program. - Prosecutor accepts the guilty plea (misdemeanor) and the judge directly addresses the defendant, carefully explaining guilty plea and parts of the program. - Once defendant officially accepts entry, the judge officially welcomes him/her.

MHC Program Hearings 2. The Status Hearing: a. Case managers & probation officers (if applicable) report defendant’s progress - good news or bad news b. The court lets participants speak in their own voices and listens to their explanations. c. Judge expresses to defendant: 1. expectations 2. criticisms 3. encouragements

MHC Program Hearings 3a. Graduation Hearing: - Participants who graduate have kept drug free lives and avoid criminal activity. - Charges dismissed /probation completed - Judge often comes down from the bench to shake hands with participant and gives him/her graduation certificate. “Some participants are even reluctant to leave the program because of the good care they received.”

MHC Program Hearings 3b. Termination Hearing: - If a participant fails to comply with the terms set forth by the MHC (continuing the use of drugs/alcohol, failing to attend hearings and/or treatment sessions, etc), he/she is terminated from the program. - If this course of action is taken, the court enters the defendant’s guilty plea (CCP) and sentences him/her; a capias is often issued, incarceration is possible.

Some Personal Accounts  One judge notes:  “It’s the most rewarding thing I do… in other courts you don’t get any feedback unless the defendants are back in front of you for a new violation. Here you get to see the clients grow and succeed.”  A graduating client’s viewpoint:  “Looking back, my situation wasn’t easy to identify… I didn’t fit the cookie-cutter mold… it was really good to have a specific court that fit my needs and tailored to me. That’s why I’m graduating now.”

Is MHC working?  Professor Chrysanthi Leon and a team of University of Delaware students engaged in a broad evaluation of the mental health courts in Delaware. Measures include:  Criminal arrests and convictions; detention  Measures of success related to health, well-being and re-entry, including medication & treatment compliance, reduced self-medication, housing and employment  Participant satisfaction Preliminary report due March 1, 2010; research will extend through 2012.

DE’s Task Force: Accomplishments 1.Establishment of pilot MHC in New Castle County 2.New developments of police training on handling those with mental illnesses 3.Chief Justices’ Criminal Justice/Mental Health Leadership Initiative o Delaware was one of only four states chosen to participate

DE’s Continuing Goals 1.Diversion o Identify individuals with mental illness who are at risk for involvement in CJ system 2.Expansion o From New Castle County to Kent and Sussex Counties 3.Communication and Collaboration o Between agencies re: individual’s mental health issues as they move through CJ system

Continuing Goals 4. Expansion of Crisis and Psychiatric Emergency Services o Expand units to Kent and Sussex Counties 5. Judicial Education o Develop programs to educate judicial officers on mental health and criminal justice issues o divulge available resources 6. Public Education o Programs to educate public on mental health and CJ issues

Now we need to hear from you!  Please form a line to provide comments into the microphone  You may also submit questions or comments on provided cards After the hearing:  You may also contact Professor Leon:    Or leave your contact info on the sign-in sheet. FYI: Community Resource Directory