Comments on: Reading List: Mental Health Diversion Courts

By: Jadey

Jadey — Tue, 01 Dec 2009 00:41:40 +0000

I only see the bail end of things, but the local court that I work in part-time has therapeutic court (recent name change from mental health court, which was considered stigmatizing) just for bail hearings every Wednesday. The attitude and general tenor of this courtroom compared to the courtrooms on either side is very different. Everything is more casual and more relaxed, the staffing is more consistant (rather than switching up the duty counsel and the crown all the time), there are mental health professionals involved at every step, and the expectations about client behaviour are more open and less intolerant. It’s not perfect — sometimes people will still get impatient or frustrated with the clients, or be half-assed — but I can see that an effort is being made to make the court process less difficult and alienating, which it so frequently is. Wish I knew more about how the clients are identified and if they have comparable rates of bail release compared to people with similar charges, criminal histories, and social supports in other courtrooms.

By: abby jean

abby jean — Mon, 30 Nov 2009 22:47:24 +0000

i can give you some general information, but because mental health courts vary quite a lot, these won’t be true for all courts. the most robust court i’ve found in the US, with the most extensive web documentation, is the seattle court. this court is open to people with a wide range of disabilities: “They may have any type of serious mental illness, be developmentally disabled, have a brain injury, or suffer from dementia.” it may be a first offense or the latest in a long line of offenses.

as for participating in the court, it doesn’t appear that the defendant can refer him/herself to the court and there must be a referral. the seattle court staff contacts any individual booked into jail and can divert the defendant into the mental health court at that point, or at any later point, including probation review after sentencing. it seems like jail staff, attorneys, court staff, or even judges can refer individuals to the mental health court.

you’ve raised one of the major issues with these courts, though – there may be courts that restrict based on primary impairments, or handle only first offenses, or have other limiting restrictions. and no matter how expansive the criteria, having access to the court be based on referral or identification by jail or court staff will surely leave a lot of people out.

By: Adelaide Dupont

Adelaide Dupont — Mon, 30 Nov 2009 22:38:11 +0000

I don’t have information about mental health courts.

Only questions.

In the US, does the bipolar/schizophrenia/major depression have to be the primary impairment?

And would you go there for a first offence?

How do people come to know about the courts?