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SALT LAKE CITY – Mental health courts offer an alternative to prison for individuals who have committed crimes because of mental illness, but the nature of this court and its operation remain puzzling to many.
"A disproportionate number of people with mental illness are incarcerated for minor offenses, which contributes to the overcrowding of county jails," according to the Utah County website, according to which about 88 inmates at the jail Utah County have a mental illness at some point. "On the basis of available data, the results of these incarcerations and associated costs were the opposite of what was expected; Instead of leading to a remedy, the data show that the incarceration of people with mental illness increases recidivism and criminal acts. "
A mental health court is trying to solve this problem. Jackie Rendo, a spokesperson for the National Alliance Against Mental Illness, hosted an event Wednesday night to inform the public about how mental health courts in Utah work and how best to support community members. family in this system.
Rendo provided a detailed analysis of the criminal courts for mental health and what participants and their families can expect from the process:
According to Rendo, the biggest difference between mental health courts and civil duty courts is that the former is a criminal proceeding while the latter is civil and geared toward engaging family members for care mental health. A criminal mental health court involves family members who have been arrested and charged with crimes.
"It is not uncommon for families or loved ones to consider the court to be a treatment provider," said Rendo. "While the court requires that people stay in treatment."
The main function of the court is to ensure that justice is done for the crimes committed, but it manages this process differently because the perpetrator of the crime suffers from a mental illness such as schizophrenia, bipolar disorder , schizoaffective disorder or other serious disorders. according to Rendo.
Most of the time, the criminal courts are present because they did not know that they had a mental illness or that they had stopped their medications. Mental health courts seek to ensure that an individual is being treated or following his treatment plan. Some of the objectives of the criminal courts in the area of mental health include getting the person to:
- Stay on the prescribed medications.
- Attend all treatment sessions, including appointments with a psychiatrist, APRN, therapist and group sessions.
- Refrain from consuming alcohol, illegal drugs or medications that have not been prescribed for them.
Courts achieve these goals through a variety of means, from drugs to treatment to rewards and penalties.
According to the National Alliance for Mental Health in Utah, a person convicted of a crime must meet the legal and legal requirements to be eligible for mental health courts. Psychiatric requirements include:
- A diagnosis of schizophrenia, bipolar disorder or schizoaffective disorder. Some courts may include people with serious mental disorders such as depression or PTSD.
- If the main diagnosis is not one of the aforementioned disorders, known as Axis 1 mental health issues, they may be excluded from the mental health court. They can also exclude people with certain personality disorders if this is the driving force behind their behavior.
- They may also exclude people with traumatic brain injury or coexisting developmental disabilities because they do not have the resources to treat them.
Legal requirements include:
- The individual must live in the same county as the court.
- Some crimes may be excluded from the mental health court, including driving under the influence, sexual offenses (aside from forniture related to mental illness, on occasion) and violence extreme body.
- Most mental health courts require that treatment be administered by a local mental health authority (Valley Behavioral Health in Salt Lake County, Weber Human Services in Weber County, etc.). Note that Salt Lake County is one of the few courts that allows some people to work with a private provider if it has been approved by the court.
- Some clinics require participants to be on Medicaid.
- Veterans can continue to receive care from the Veterans Association.
The person must tell his lawyer or judge that he would like to be judged by a mental health court, according to the National Alliance for Mental Health. They will then have to show valid medical records proving the diagnosis or treatment, being assessed by a therapist (only if they are still in prison) and possibly going to a screening appointment with a provider.
They will then plead guilty in a plea agreement entered into by the prosecutor, as indicated by their lawyer, according to Rendo. This plea agreement could include an abbreviated sentence or other terms.
If the person is admitted to the Mental Health Court, she is allowed to serve her sentence outside the prison or prison provided that she is supervised and meets the requirements imposed by the Mental Health Court.
The judicial process in mental health is quite intensive; in part because it aims to force participants to seek mental health care and partly because it is not a card to get out of prison, it is a punishment, said Rendo. The process, according to NAMI, includes:
- A weekly visit to the court to report to the judge. The visit can decrease to a week on two or even once a month depending on the stability or good behavior.
- Take all the medicines.
- Attend all treatment events, including therapy, counseling and group sessions.
- Refrain from alcohol or drugs not prescribed by a doctor.
- Follow the standard probation requirements.
- Submitted to random screening tests.
Every week, prior to the hearings, there is a recruitment meeting where the Mental Health Court Team meets before the discussion to review each scheduled participant that day, according to Rendo. There, the therapist summarizes the progress of the individual and the parole officer will report any problems or concerns on his / her side. The judge will then draw conclusions on this information, said Rendo.
"Participants who have not met all their requirements will be discussed in more detail to see what measures are needed to help them comply or if a sanction is indicated," Rendo explained. "Participants who have done everything they were supposed to do since their last appearance in court will be recognized."
Incentives include:
- List of rocket / board of honor (the individual can come first at the hearing and leave again when his meeting with the judge is over).
- Chocolate bars, water bottles, bracelets, gift cards.
- Drawing a gift bag of small items.
- Less frequent drug test.
- Less frequent presence in court.
- Early graduation.
Sanctions include:
- No rocket file / table of honor.
- Public Service.
- The prison sanctions different durations.
If a patient, for example, misses a therapy session, it could be punished by the loss of participation in the rocket record or community service, according to Rendo. If they miss several therapy sessions, they risk receiving a prison sentence.
Is housing included for the treatment of mental health courts? "There is no money to provide access to everything the participants need most," Rendo said. They will have to pay for their own housing, psychiatric and medical care, transportation, drug testing, food, clothing, and so on.
What happens if the person has a job that overlaps with a therapy or drug testing session? "Salaries go before jobs, family obligations, class schedules and community services ordered by the court," said Rendo. "Lack of treatment can result in penalties."
What happens if the person does not want to take his medication because of side effects? "Psychiatric drugs have side effects," said Rendo. "A common side effect is weight gain. Some of them can also be very sedating. If the participant has a lot of problems with his medication, he can talk to the provider, but eventually, if it is the only thing that works, he must take it. "
Rendo added that non-compliance with drugs may result in sanctions. The ultimate goal is to get the stability of the individual and, to do this, medications may be needed.
What happens if the person consumes drugs or alcohol? People should not use drugs or drink alcohol, and they must tell the court if they have used it, according to Rendo. They will be punished for any use by community service or jail time.
What are the requirements for random screening tests? Participants must pass a drug test in random urine, although often several times a week, according to Rendo. A drug test in the missed urine is considered a positive screening test and will be sanctioned accordingly. If the test shows a false positive, the individual is able to challenge him with the judge and send him the results for further testing.
Can there be drugs, alcohol or weapons at the place of residence if they do not belong to the person seized in a mental health court? No weapons, drugs or alcohol are allowed in an individual's home in a mental health court, even if they belong to family members, according to Rendo. Even weapons kept in a safe may not be allowed under certain circumstances.
How can a friend or family member support their loved one? Rendo offered the following options to help a loved one participate in a mental health court:
- Attend court with them.
- Provide transportation.
- Give encouraging messages.
- Provide reminders and organizational tools.
- Attend the NAMI family at the family class.
- Learn as much as you can about mental illness.
In the end, the goal of the mental health court is to prevent the individual from violating the law again and helping him achieve a functional level of mental stability. Learn more about the preparation and management of a mental health court on the NAMI Utah website.
NAMI Utah website
Courts of mental health of Utah
The National Center of State Courts on Mental Health Courts
About the Utah Adult Mental Health Court
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Cara MacDonald[ad_2]
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