Mental health court could lower recidivism, cut costs

Non-violent offenders arrested during mental health episodes in Davidson County are sent to Mental Health Court rather than criminal court. Through this court, they are connected to safety net services such as housing, medication assistance, and therapy.

Therapeutic courts like the Anchorage Wellness Court were born out of a desire to reduce recidivism rates and deflate ballooning prison populations. For many, they have become the answer to breaking the cycle of criminal behavior while treating people with substance abuse issues.

Mental health courts divert people with mental illness from prison into community-based programs with treatment, counseling, and court supervision. These programs graduate around 50% of participants, reduce recidivism, and have saved counties an estimated $485 million in avoided incarceration costs over 15 years.

Providing care to individuals with psychiatric problems reduces the need for incarceration. With the help of a psychological rehabilitation program known as TBS, the Netherlands has shut entire prisons following a decline in the number of individuals sentenced to time in prison. TBS works with offenders at its detainment centers to help them manage their mental health issues and re-enter society.

In 2018, San Francisco county forgave $32 million worth of criminal justice administrative fees. These fees are issued to formerly incarcerated individuals upon release from prison, most of which are not employed and without stable housing. The coalition pursuing this policy change cited economic justice for those that have already paid their societal debt and an overall state savings in collection costs as the primary reasons to end this practice.

The New Hampshire Drug Court system – helping individuals find rehabilitation rather than prison – has proven to be a success and expanded to counties across the state. The court follows best practices from the National Association of Drug Court Professionals, but also adapts each court to fit the needs of each local community. Since its creation in 2004, over 400 people have graduated from its programming – over 50 percent of its participants.

Many states are rolling back the punitive measures against youth who committed crimes that began in the 1980s and 1990s. After the Supreme Court ruled that mandatory life sentences for juveniles are unconstitutional, states are shifting their attention from incarceration to community based care and prison alternatives. Missouri, which has led the country in “community based alternatives” for youth, has one of the lowest recidivism rates in the country.

The rampant opioid epidemic tearing through communities across the United States is exacerbated by a rigid court system that fails to address individual needs and a severe lack of comprehensive treatment options, even for those who want to get clean. Family Treatment Court, like the one in Chautauqua County, N.Y., provides parents who are addicts an innovative intervention program that includes a broad range of custom-tailored services to permanently quit their drug use and keep their families together.

Kentucky is rethinking its penal system for dealing with drug offenders and has shown success in reducing recidivism and relapse rates. Instead of leaving addicts to languish in the typical jailhouse environment of "extortion, violence and tedium," more than two dozen of the state's county jails have created separate units devoted to full-time addiction treatment and support-services for prisoners that involve peer-policing.

In a conservative upstate town in New York, an early advocate of what is now known as restorative justice pioneered the idea of finding alternatives to incarceration that address root causes of crimes and offer victims larger roles in the process. He did this by engaging different people across law enforcement, the community and social services. That built broad support, but the programs have struggled to maintain these innovations or make them permanent after the departure of the visionary founder.