xxAACP Newsletter, Volume 14, Number 2, Spring 2000
Regional Report: King County, Washington Mental Health Court Pilot Program
In the regular system, defendants often interact with a number of different defenders, prosecutors, and judges all on the same case, which is an approach that often creates barriers that prevent the court from identifying and addressing the unique needs of the mentally ill offender. Mentally ill offenders often spend unnecessary time in jail and, lacking access to mental health treatment services on release, often become repeat offenders and cycle through the justice system again. Program Objectives:
The Mental Health Court pilot project represents an effort to increase effective cooperation between two systems that have traditionally not worked closely together - the mental health treatment system and the criminal justice system. The project hopes to achieve the following outcomes for the mentally ill misdemeanant population: faster case processing time, improved access to public mental health treatment services, improved well-being, and reduced recidivism. An important outcome to be achieved from this program for the larger community is improved public safety.
How it Works:
King County's new Mental Health Court project was inspired by a similar court which has been operating in Broward County, Florida since July of 1997. The Mental Health Court differs from a regular court in three fundamental respects. First, the cases are heard on a separate calendar and are all handled by the same core team of professionals. Second, there is an increased emphasis on linking the criminal justice system and the mental health treatment system. Third, the participants in this program receive increased court supervision.
Defendants may be referred to the Mental Health Court from a variety of different sources. In-custody defendants are often referred by jail psychiatric staff. Defendants may also be referred for consideration by police, attorneys, family members, or probation officers. A defendant may be referred by another District Court if the judge feels the defendant could be better served by the Mental Health Court.
Mental Health Court cases receive extra courtroom time, ensuring that the intricacies of the case are addressed and that the defendant is fully engaged in the proceedings All cases handled in the King County Mental Health Court are seen by the same judge, prosecutor, public defense team (with the exception of those represented by private counsel), treatment community liaison, and probation officer. The core team approach ensures that defendants work with a limited number of individuals who become familiar with the specifics of their case and treatment needs. This approach also ensures that the court team gains growing expertise in mental health issues and the relatively complex legal issues that can arise.
The program emphasizes creating and maintaining a strong linkage with the mental health treatment community. A Court Monitor functions as a liaison between the court and the treatment community. The Court Monitor links the defendants with appropriate community treatment resources and monitors both the defendants' and the service providers’ compliance in fulfilling the elements contained in each individualized treatment plan. In addition, each defendant’s mental health case manager is encouraged to join his or her client in court for hearings to report on progress, both successful and unsuccessful. Family members are also welcomed and encouraged to participate.
Defendants who opt into the program receive greater supervision and support. Mental Health Court cases are scheduled for more frequent review hearings than are regular cases. A court liaison to the treatment community is present at all hearings and is responsible for developing an initial treatment plan. If the defendant is placed on probation, the case will be assigned to a mental health specialist probation officer assigned specifically to this program. The mental health specialist probation officers will carry substantially reduced caseloads in order to be able to provide a more intensive level of supervision to this traditionally high-needs population.
Mentally ill misdemeanant offenders are not required to appear before the Mental Health Court; rather, the program is an alternative for those who are interested in and committed to seeking treatment to ameliorate the mental health conditions that contribute to their unlawful behavior. Defendants are given a choice of "opting in" to Mental Health Court if they are willing to waive a trial on the merits of their case and are willing to comply with a supervised treatment plan. Based on experience to date, defendants who do choose to opt into the program are likely to be offered either a deferred or a reduced sentence. An important exception to the voluntary nature of this program is for cases in which competency is at issue: defendants in these cases may be referred to Mental Health Court, regardless of their preference, until the competency issues can be resolved.
The Mental Health Court will not accept a defendant into this alternative court program if the defendant's mental health condition does not appear to be of a serious nature and to be a contributing factor in the alleged crime. The Mental Health Court program is not simply a jail-diversion program; out-of-custody defendants are equally eligible to participate, and in-custody defendants are not automatically released.
Resources for this project come from three sources: leveraged existing funds and staff, additional new County funds, and an externally funded grant. The Prosecuting Attorney's Office, the Office of Public Defense, and the District Court have all absorbed portions of staffing costs of this program by reassigning existing staff to cover program responsibilities.
During the first two months of operation, the court received referrals for 49 misdemeanant defendants, approximately six referrals per week, who were identified as having either a serious mental disorder, dementia, a brain injury or a developmental disability. Thirty of the defendants, roughly 60 percent of the total group, were not enrolled in mental health treatment services at the time of referral. Eighteen of the defendants, roughly 35 percent of the total group, presented with housing issues (either unstable housing or homelessness). Fourteen of the defendants, roughly 30 percent of the total group, presented with a dual diagnosis of a serious mental illness and a drug or alcohol addiction, and needed referrals to MICA (mentally ill/chemically abusing) treatment services.
One early outcome of the Mental Health Court pilot project has been that service gaps in the currently available community services continuum have been highlighted. Appropriate in-patient MICA services are not available and crisis or transitional housing for this population is also not readily available. Additionally, in this era of managed care, contingency funds for wraparound service needs (such as temporary medication coverage or transportation costs) are also difficult or impossible to obtain. The Mental Health Court team will likely be undertaking a grant-writing campaign in hopes of securing additional, non-county funds for the unmet needs of this pilot program.
Additional information about the Mental Health Court is available through the King County District Court's web page: http://www.metrokc.gov/kcdc/mhhome.htm. Questions may be directed to the Office of the Presiding Judge, King County District Court, W-1034 King County Courthouse, 516 Third Avenue, Seattle, WA 98104, 206-296-3594. Adapted from an article by:
The Honorable James D. Cayce, Presiding Judge of the District Court. He chaired the task force which led to the creation of the Mental Health Court pilot and now presides over the Mental Health Court calendars.
Kari Burrell, Program Manager for King County District Court's Mental
Health Court program.
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