1. MENTAL HEALTH COURT: TREATMENT vs. PUNISHMENT
August 13, 2018

2. MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM
Historically, a disproportionate number of people with mental illnesses are caught up in the Criminal Justice System.

3. GROWTH OF PROBLEM
The growth of this problem became more apparent in the later part of the twentieth century due to:
1. De-institutionalization
In NL from 1994– long-term care units closed.
2. Stricter tests for involuntary commitment
3. Lack of support services

4. HISTORICAL TIMELINE
Mental Health courts are now situated at the intersection of the criminal justice system, mental health treatment, substance abuse interventions and other treatment services and systems.
As a result of the 2003 Judicial Inquiry into the sudden deaths of Norman Reid and Darryl Power, the idea of a mental health court was proposed.
Research began in 2004, a model was proposed and began operation in January 2005.
Since that time, the MHC has evolved and currently offers a more focused and specialized approach to treatment services.

5. MHC SERVICE UMBRELLA
Includes three separate groups that work together to provide seamless services to clients. These include:
Mental Health Office, Legal Aid
Court Support Services, Eastern Health
Department of Justice
Provincial Court
Crown Attorneys Office
Adult Corrections

6. All agencies and services work together to
All agencies and services work together to improve outcomes for those people with mental illnesses involved with law enforcement, the courts and correction services.

7. MHC: 10 ESSENTIAL ELEMENTS
1. PLANNING & ADMINISTRATION
2. TARGET POPULATION
3. TIMELY PARTICIPANT IDENTIFICATION
&
LINKAGE TO SERVICES
TERMS OF PARTICIPATION
5. INFORMED CHOICE

8. MHC: 10 ESSENTIAL ELEMENTS
6. TREATMENT, SUPPORT & SERVICES
CONFIDENTIALITY
COURT TEAM
MONITORING ADHERENCE TO
COURT REQUIREMENTS
10. SUSTAINABILITY

9. PLANNING & ADMINISTRATION
Consistent planning, dedicated courtroom and staff.
Courtroom # 8, every 2nd Wednesday at 2pm. Judge
Court Clerk
Crown Attorney
Probation Officer
Bi-weekly intake meetings at Mental Health Office
Strategic planning meetings quarterly to discuss program development.

10. TARGET POPULATION
Individuals aged 18 or older with persistent and recurring mental illness and/or acquired brain injury where the criminal behaviour has its origins in the mental disorder and related issues. Further these individuals will have deficits in relation to their community support network.
1. 18 years and older
2. Psychiatric Diagnosis
3. Responsibility for behaviour
4. Agree to work with a team
Referrals come from multiple sources

11. TIMELY PARTICIPANT IDENTIFICATION
Referral
Screening
Assessment
Application to the
Court
Treatment/treatment contract
Status
Sentencing
No Waitlist

12. TERMS OF PARTICIPATION
Agreeable to working with a psychiatrist
Engage in developing personal treatment contract
Engagement with a team approach
Awareness of roles and expectations of his/her team
No plea, but take personal responsibility for behaviour

13. INFORMED CHOICE Program is voluntary
Education regarding the court process and possible outcomes
Repercussions of not adhering to the treatment contract

14. TREATMENT, SUPPORT & SERVICES
Comprehensive and individualized treatment plan/contract
Assertive case management is essential
Outreach Support
Monitoring (wellness and medication)
Teaching
Consultation
*Team serves as a conduit of information for the court regarding the status of treatment

15. CONFIDENTIALITY
Confidentiality is presented at screening interviews and repeated throughout assessment and treatment
Only information relevant to the charge is presented to court as a legal document

16. THE COURT TEAM Court Support Team - 2 Social workers
- 2 Licensed practical nurses
- 2 Lawyers
- 1 Paralegal
- 2 Psychiatrists
Team members engage in cross-training to develop knowledge and skills of each others professions
Consistent and reliable staffing over the past 13 years has enriched the clients’ overall court experience
80% of clients have a one point engaged with psychiatry

17. MONITORING ADHERENCE Court Support Supervision
Prior to sentencing, while client works on their treatment contract with Court Support Services (average 6-12 months)
After sentencing, supervision may include Court Support Services and probation (maximum 3 years)

18. SUSTAINABILITY CLIENT
Aftercare/follow-up with mental health services (ex. Psychiatry, Trauma, CHANNAL, Stella Burry)
PROGRAM
Working with key partners in Mental Health & Addictions, and Criminal Justice
Outreach to the community
Data

19. GOALS & OUTCOMES
Court Support Services assist individuals who have had contact with the law in re-establishing themselves in the community with an appropriate level of support.
In other words Mental Health Court is an alternative to the status quo. Our goal is to make changes – one person at a time - so many people are not cycled again and again through jail, courtrooms and our city streets.
True to this objective, clients have reported a more positive outcome proceeding through Mental Health Court versus Provincial Court (ex. no record, no jail time)

20. GOALS & OUTCOMES
According to a 2012 Mental Health Office report “clients who received Court Support Services were significantly less likely to re-offend within 2 years.
Conversely, clients who did not avail of the court support services referred to them were significantly more likely to reoffend within 2 years.”
(The Mental Health Office of the NL Legal Aid Commission, Process Evaluation: A Quality Assurance Tool)

21. CLIENT FEEDBACK
“There is great teamwork with the staff in the Office. I have never seen such teamwork in my life. There was never any disconnect- everything ran smoothly.”
“There were no back doors. They were very straightforward - providing the good with the bad - and did not whitewash anything.”
“They have been such a very great help, especially for counseling, but not just for my mental illness. They [helped me] pick away at certain things - basically what led up to my conflict with the law.”
(The Mental Health Office of the NL Legal Aid Commission, Process Evaluation: A Quality Assurance Tool)

22. REARCH 2014
An evaluation of court support services program was completed, by Eastern Health in Nov 7, This reviewed data from the previous 12 months.
Findings included:
Employment prior to program – 29%
Employment during the program – 54%
Volunteer work prior to program – 4%
Volunteer work during the program – 12%
Education prior to program – 0%
Education during the program – 20.8%

23. RESEARCH 2014 – cont’d Access to psychiatry prior to program – 29%
Access to psychiatry during the program – 100%
Access to specialized services prior to program – 8%
Access to specialized services during the program – 25%
Access to case manager prior to program – 21%
Access to case manager during the program – 83%

24. RECIDIVISM RATES ( 1 yr period)
Hospital admission rates and frequency of PAU visits were decreased by half when compared to prior to the program, and one year post completion. This suggests that the program is positively impacting hospitalization utilization among its clients.
74% of program participants had not reoffended at the point of data collection.

25. Schizoaffective/Schizophrenia Generalized Anxiety Disorder
DIAGNOSIS
Bi-Polar
Major Depression
Schizoaffective/Schizophrenia
Generalized Anxiety Disorder
Post Traumatic Stress Disorder
* Approximately 80% of clients fall under concurrent disorders (ie. alcohol, street drugs, prescription drugs)

26. Mischief (ie. property damage) Resisting Arrest Causing Disturbance
CHARGES
Uttering Threats
Theft
Assault
Mischief (ie. property damage)
Resisting Arrest
Causing Disturbance
Breach of Probation/Undertaking

27. CONTACT INFORMATION
Social Workers: Cindy Elgar Brenda Lacey LPNs: Cindy Eddy Paul Kennedy Lawyers: Joan Dawson (303) Jennifer Curran (302) Paralegals: Tania Vatcher (304)

28. COMMENTS OR QUESTIONS
Thank You!