Implementation of the National Judicial Task Force to Examine State Courts' Response to Mental Illness Report and Recommendations
The Task Force made a number of important findings with corresponding recommendations supported by over 100 resources for courts and our partner stakeholders. Each Behavioral Health Alerts revisits an original Task Force resource or a new resource that supports a Task Force recommendation.
Strengthen Community Responses and Minimize Criminal Justice Involvement All courts should strive to identify and cultivate relationships to develop alternate resources for persons with behavioral health needs who cycle through the justice and behavioral health systems, including law enforcement, crisis stabilization units, emergency rooms, hospitals, behavioral health providers, jails, and the courts. Here’s how to start.
Research and Resources
Starting January 1, 2025, Young People Can Maintain Medicaid Coverage While Incarcerated. Beginning January 1, 2025, the Medicaid inmate exclusion policy will be partially waived for young people who are incarcerated. Benefits of this change include improved access to mental health and substance use disorder screening, diagnostics, treatment; access to support the physical health care needs of returning young adults; and transitions from pre- to post-release. Eligible youth and young adults are those up to 21 years old (and up to 26 for foster care youth or young adults formerly in the foster care system). The Centers for Medicaid and Medicare Services has recently released guidance for the Provision of Medicaid and CHIP Services to Incarcerated Youth.
Biden-Harris Administration Announces New CCBHC Planning Grant Funding Earlier this week, the Substance Abuse and Mental Health Services Administration (SAMHSA) announced $15 million in planning grants for states interested in adopting the Certified Community Behavioral Health Clinic (CCBHC) model. This planning grant funding is to support states as they develop and implement infrastructure needed to adopt the CCBHC model, including certification systems, establishing a Prospective Payment System (PPS), and preparing an application to participate in the CCBHC demonstration program. Grants will be awarded to up to 15 states with a deadline of Thursday, September 12, 2024.
Can California’s Healthcare Providers Help Solve the State’s Homelessness Crisis? When a shortfall of several hundred thousand dollars almost derailed new homeless housing in Bakersfield, the savior that swooped in to salvage the project wasn’t an affordable housing nonprofit, state housing grant, or other traditional source. Instead, it was a healthcare company that had never before built a single home. “For the unhoused, housing is medicine,” said Karthik Murali, head of public health at Akido Labs. “Providing stable housing can alleviate more health conditions than taking them to the ICU and the hospital and providing street medicine…Knowing that fact, we wanted to be part of the solution.”
Sending Unarmed Responders Instead of Police: What We’ve Learned In the four years since George Floyd’s murder, many sweeping attempts to reform policing have faltered. But one proposal that has taken hold across the country, and continues to spread, is launching alternative first response units that send unarmed civilians, instead of armed officers, to some emergencies. As many programs transition out of the pilot phase, they face new challenges: How do they scale up and become big enough to meaningfully reduce the presence of police? How do cities sustainably fund these new agencies and find the right people to staff them? And are these teams on track to become the sea change in public safety that was promised? “The Fifth Branch,” a podcast series from The Marshall Project and Tradeoffs, examines the results in Durham, North Carolina. They also talked to experts across the country – some who are running these programs, some who are researching them, and some who are supporting them.
Hitting Snooze Amidst Virginia's Mental Health Crisis: The Shortcomings of the Bed of Last Resort and the Need for a Continuum of Crisis Care This Comment examines the history, structure, and unintended consequences of the Bed of Last Resort law by tracking its development and how it currently operates within Virginia’s broader mental health system. It also evaluates the efficacy of the Bed of Last Resort law by comparing it to best practices for treating those experiencing mental health emergencies, focusing specifically on the Crisis Now model for a continuum of crisis care. The Comment concludes with proposals for improving the Bed of Last Resort law without completely overhauling the legislation.
Trauma-Informed Practices for Criminal Courts: Implementation Opportunities How can we better respond to the trauma running through our criminal legal system? That has been a long-time concern of teams of reformers who travel across the country offering guidance to judges, clerks, lawyers, and other court staff looking for less harmful, more responsive ways to deliver justice. Part of the Trauma-Informed Practice Strategy Lab, this document presents lessons from a national scan of criminal courts working to better support people with histories of trauma. The guide will inform an upcoming blueprint for making trauma-informed approaches in court work on the ground.
Addressing Mental Health Disability in Unsheltered Homelessness: Outpatient Conservatorship in Los Angeles This paper describes a pilot program for gravely disabled individuals experiencing unsheltered homelessness in Los Angeles County (LAC) that illustrates a promising public health framework to address mental health-related disability in homeless populations. Homeless outreach teams implementing the outpatient conservatorship (OPC) pilot adopted a population health approach, multi-system care coordination, and prioritization of least restrictive environments. The pilot allowed initiation of LPS conservatorship outside of a hospital, with the goal of serving highly vulnerable individuals in least restrictive settings. Conclusions: Timely receipt of street-based services and coordination of care before, during, and after referral for LPS conservatorship reduced use of restrictive settings.
Fairfax County Diversion First 2023 Annual Report Diversion First offers alternatives to incarceration for people with mental illness, developmental disabilities and co-occurring substance use disorders who come into contact with the criminal justice system for low-level offenses. The program aims to prevent repeat encounters with the criminal justice system, improve public safety, promote a healthier community, efficiently utilize resources and — most importantly — help people who are in crisis recover and take control of their lives. Over 3,800 individuals have been diverted away from potential arrest since program inception.
Research Roundup: Evidence that a Single Day in Jail Causes Immediate and Long-Lasting Harms Judges contemplate the risk a person poses to the community if released, but — crucially — not the risk detention poses to individuals and the community. What are the risks of detention, how quickly do they materialize, and what might the system look like if they mattered in bail determinations? To answer these questions, recent studies that measure pretrial detention’s impact on people, particularly within the first 72 hours in jail, were examined. Building on the investigations into pretrial detention’s role in destructive cycles of arrest and incarceration, the benefits of pretrial release, and the dangers of jail expansion, finding show there is no “safe” way to jail a person, nor is there an amount of time a person can be detained without escalating short- and long-term risks to themselves and their communities.
How States Can Support Coordination Between 988 and 911 Systems States can play a key role in helping local jurisdictions coordinate 911 call centers and the national 988 Suicide and Crisis Lifeline, according to a recent report from RAND, a nonprofit research organization. In examining interoperability, or how localities ensure formal processes and protocols are in place to transfer calls between the two systems, researchers also detail how states have been involved in this vital work. The report explains that 911 is still “often the default option for individuals experiencing mental health emergencies,” even though the behavioral health clinicians who field calls to the 988 Lifeline are trained to help people in crisis and de-escalate emergencies. Policies and practices that help the two systems seamlessly move callers to the appropriate emergency line ensure that people receive the assistance they need. The report focuses on elements that support such coordination, including timely, accurate call transfers; collaboration and coordination across agencies; and community response services.
Medications for Opioid Use Disorder (MOUD) in Criminal Justice Settings: Current Updates in Case Law From the landmark Estelle v. Gamble to more recent cases addressing medications for addiction treatment, the care for individuals with substance use disorder (SUD) in correctional settings and the imperative for correctional facilities to offer all forms of MOUD have been impacted by the legal landscape. Jails and prisons are faced with the responsibility to ensure that their facility is not only compliant with legal mandates but that it also fully supports the health and recovery of individuals with SUD. This webinar will explore the legal obligations for providing comprehensive SUD treatment within jails and prisons. Speakers will discuss how a correctional facility can meet legal standards and support the health and recovery of individuals with SUD. Attendees will also be given practical language and talking points for conveying this information to their stakeholders and leadership.
Webinar: Implementation of Mobile Medical Units for the Delivery of Addiction Services Mobile medical units provide an innovative and flexible approach to delivering essential healthcare services directly to communities in need. They can play a vital role in offering accessible and immediate treatment, medical care, and harm reduction services to support individuals struggling with substance use disorders, particularly in underserved areas where traditional healthcare facilities may be scarce or difficult to access. Based on the experiences of the HEALing Communities Study, this webinar will give practical insight from experienced public health professionals on how to assess communities’ needs for a mobile medical unit, what features to build into these units, and best practices for partnering with local organizations to host units and reach community members.
Applying Evidence-based Practices to Obtain Officer Buy-in for Deflection and Pre-Arrest Diversion Initiatives Police participation is essential for successful implementation of deflection and pre-arrest diversion programs. It can increase the number of referrals to services and enhance community-police engagement. This webinar, led by TASC’s CHJ’s partners at the International Association of Chiefs of Police (IACP), will include a discussion about the research behind barriers to officer buy-in and present evidence-based strategies that can be used to obtain officer and agency support for police-led and community-led deflection programs.
Guiding Principles and Recommendations for Trauma-Responsive Treatment Courts All Rise has partnered with the Substance Abuse and Mental Health Services Administration (SAMHSA) GAINS Center to adapt the 6 key principles and 10 implementation domains of SAMHSA's "Concept of Trauma and Guidance for a Trauma-Informed Approach" for application in treatment courts. Guidance and recommendations will be released in a joint publication, and this webinar will feature highlights and core recommendations from this forthcoming publication. Speakers will introduce concepts from the publication intended to guide practitioners in implementing trauma-informed practices within their respective treatment court settings. Participants will learn how to apply these principles to foster a more supportive and effective environment for justice-involved individuals impacted by trauma.
Webinar: Digging into the BioPsychoSocial: Addressing the Holistic, Multifaceted Needs of Individuals in Treatment and Recovery The biopsychosocial model addresses the biological, psychological, and social factors that contribute to many chronic illnesses, including addiction. Biopsychosocial recognizes there are multiple pathways to addiction, such as genetic predisposition, psychiatric and psychological factors like trauma or unhealthy coping skills, and social factors like having substance-using peers. Join the webinar to hear from Dr. Berry about these three critical domains in recovery and the need to build individualized, tailored treatment plans.
Catalyst – A Newsletter from the Treatment Advocacy Center TAC is thrilled to announce the reissue of TAC’s newsletter Catalyst after a long hiatus. Catalyst has been a valuable resource for our community, and they are excited to bring it back to you digitally, allowing them to reach an even wider audience, and with even more impactful content.
CSG Justice Briefing Addressing juvenile justice; Supporting small and rural law enforcement; Transforming mental health crisis response; and more.
In the News
Liaison Program Bridges Judicial System With Mental Health Services The Bridges program, which started in 2018, works to connect Colorado’s criminal justice and mental health systems across the state’s 22 judicial districts. Court liaisons are appointed by the courts, but clients participate voluntarily. “Bridges facilitates collaboration by partnering with providers, courts and often families to provide wraparound care for participants who have significant mental health needs,” explained Nate Haas, Bridges of Colorado communications manager. “We provide person-centered care, working with participants to identify needs and address barriers such as mental health, disabilities, housing or transportation.” Routt County Court Judge Erin Wilson, a former criminal defense attorney, said the Bridges court liaison program has greatly improved case outcomes and how criminal cases are handled for defendants with behavioral health needs or lack of stability in the community. “We have seen a dramatic improvement in case outcomes and management of cases while they are pending. This is demonstrated in a reduction of the number of defendants who fail to appear in court, violate bond conditions or get charged with new crimes while on bond.”
Celebrating the Vision and Success of the Competency Docket Larimer County Chief Judge Susan Blanco, along with engagement from many from law enforcement, behavioral health, mental health, the criminal justice system, and other community partners developed a system to streamline the process by using one courtroom, one judge, and one weekly docket to ensure that those with mental health issues do not get lost in the complex legal system. “We’re known for doing things as a team and doing things well. It’s really a whole collaborative effort that brings people to the table, a whole network of people who care,” said Blanco.
Assisted Outpatient Treatment, Behavioral Health Back on the Agenda for NM Legislators Next week, New Mexico lawmakers will discuss behavioral health and criminal justice, as well as the next steps for assisted outpatient treatment. On Tuesday, New Mexico Supreme Court Justice Briana Zamora will provide the committee an update on the Supreme Court Commission on Mental Health and Competency. Zamora will be joined by representatives from the Administration Office of the Courts and the Second Judicial District. Competency and assisted outpatient treatment were two topics Gov. Michelle Lujan Grisham wanted addressed during the July special session, which she called with public safety legislation in mind.
Federal Court Oversight of Oregon State Hospital Enters New Phase A court-appointed expert, Debra Pinals, told the judge that the challenge in meeting the state’s needs is not just building facilities with beds, it’s building up the workforce to provide services to people with complex needs who would be using them. She said that while the state has disbursed funds to help build out the system, it's unclear how the money was spent. The state needs to “do some more drilling down(on) seeing where that money has gone and what more is needed.” Judge Nelson challenged the participants to be creative in finding solutions given the state’s overburdened system. She said the group would reconvene in November to talk further.
Wellbeing
Jury Talk Podcast – The Juror Counseling Program Sometimes juries are required to view gruesome or shocking evidence. Jury trials can be tedious and long. There can be concerns about safety and privacy. During jury selection, a citizen may experience anxiety about the presence of media. In rare instances, a jury may be kept away from the home during final deliberations. After a verdict is rendered, there may be fear of retribution by the defendant or their friends. After a trial, a juror may feel stress symptoms or merely feel different or uncomfortable. Various courts are starting to address these concerns. In this Jury Talk episode, Massachusetts Jury Commissioner Pam Wood talks about what is being done in the Bay State to help burdened former jurors.
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