Prison or treatment? Thousands participate in mental health courts. Half graduate — and millions are left out

In Boone County, Missouri the Habilitation Empowerment Accountability Therapy (HEAT) program offers young men an alternative to incarceration for drug-related offenses. The program works primarily with black men, many of whom bring issues of childhood and generational trauma, to work together toward their treatment plans, finding employment, and behavioral therapy. Fundamental to all of HEAT’s programming is the consideration of underlying factors like education, exposure to violence, and socioeconomic forces.

U.S. courts are offering war veterans who face jail time the choice of rehabilitation. This helps them adjust to civilian life and reduces repeat offences.

Providing positive interventions reduces gun violence among struggling youths. In New Haven, Connecticut, the Project Longevity program offers social services, treatment, housing, and counseling to those who typically only face crackdowns by law enforcement. The program aims to assist and help gang members find a way out of violence, supported in the long-term by funding approved by the CT state legislature.

The newly-elected district attorney in Maine, Natasha Irving, has started implementing restorative justice practices into the area’s criminal justice system. The use of restorative justice in this case includes offering mental health and substance abuse treatment, amongst other supportive services, and using prison as a last resort. There has been some pushback from law enforcement, but a willingness to try the new approach aimed at reducing recidivism in the region.

The Detroit Justice Center is providing a comprehensive approach to breaking the cycle of poverty in the county. The nonprofit law firm provides immediate support, like paying back child support and posting the cash bail payments that keep those experiencing poverty trapped in a cycle of debt and imprisonment. The group also aims high in their larger efforts to disrupt the criminal justice system, like suing the county to prevent the building of a new jail complex, and provides their clients and the community the chance to reimagine what the city could look like with transformative and economic justice.

Veterans treatment courts were developed in 2008 as a way for veterans to receive mental health counseling and substance abuse treatment rather than face incarceration. Created to address the mental health concerns that can lead to drug abuse and other issues, the courts have not seen the successes that were originally anticipated. Due to little demand, inconvenient locations, and mixed results, experts are calling into question the existence of such specialized courts.

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.

Across the United States, organizations like Southerners on New ground and the Bronx Freedom Fund are posting bail for individuals facing low-level offenses who cannot afford it on their own. Such initiatives have gained in popularity because of the Black Mamas Bail-Out, a coordinated effort during May of each year. In posting their bail, these organizations are working to equitably help people of color, who are disproportionately affected by the cash bail system.

For offenders with a co-occurring mental health disorder, the regular prison system is not viewed as an optimal environment. A mental health court would help lower recidivism and increase the offender's quality of life by treating their mental health issues in order to focus on the underlying issue contributing to the criminal acts.

Philadelphia has one of the highest incarceration rates in the country, but with a $3.5 million McArthur Foundation grant the city has used several initiatives to change that. The efforts appear to be working, with the number of inmates falling by 12 percent over one year. Programs include getting addicts treatment instead of more jail time, working to release those who cannot afford bail ahead of a trial and making attorneys more available for those who want to seek early parole.