A Benchcard for Judges: Key Questions at Appearances for Individuals with Serious Mental Illness

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.

A Benchcard for Judges: Key Questions at Appearances for Individuals with Serious Mental Illness While certain categories of observation may alert judges that an individual may have a mental illness requiring different judicial action and/or attention by a mental health professional, there are not definitive signs of mental illness. Certain contextual elements are important to consider, and key questions should be asked to lead to appropriate responses.

Task Force Recommendations Implementation - Resources and News

Wisconsin Supreme Court Chief Justice Highlights Lawyer Shortage, Mental Health, Judges’ Safety Chief Justice Ziegler lauded steps taken to address how the courts and the justice system approach mental health, including creating dedicated mental health courts in four counties. The state court system is also testing other tools to help the courts deal with mental health matters. Those include pairing judges and psychiatrists to train the judiciary on mental health disorders and treatment best practices, she said, as well as possibly creating a state-level post in the court system to coordinate mental health responses.


Research and Resources

Deflection for Veterans at Veterans Sequential Intercept Model Intercepts 0 and 1 Specialized deflection strategies for veterans are an emerging and growing practice in the field that can reduce the cycle of criminal justice involvement and homelessness among veterans. By homing in on early intervention, veterans can be better supported to navigate their challenges while minimizing unnecessary criminal justice system contact.

Practical Guide for Expanding the Community-Based Behavioral Health Workforce This practical guide presents strategies and best practices for expanding the community-based behavioral health workforce through increased use of community-initiated care (CIC) and behavioral health support specialists (BHSS). This strategy has demonstrated promise in addressing behavioral health disparities in underserved communities. The guide also offers examples of community-based models of care and provides resources for communities and policymakers working to ensure the well-being of community members.

The Perils of Late-Night Releases Despite the high risks associated with releasing people from jail late into the night, only 10 jails (of 141) across 185 of the largest cities in the United States have eliminated the practice. Within the 131 jails that do release individuals late at night, relatively few provide any forms of support to those they are discharging late-night. In almost half of all jails that provide support, this simply translates to a phone call. In this dispatch, we show that each day, thousands of individuals are facing conditions of release that set them up for failure and place them in immediate danger. At the same time, given that 10 jails have eliminated this practice, it is clear that a different policy framework is possible.

Addiction Treatment 101 This 40-minute course provides an introduction to substance use disorder treatment, including the different types of medications used to treat opioid use disorder and how these medications work. Participants will also hear from patients about their experiences with substance use disorder treatment and how treatment medications played a significant role in their recovery.

Less Than Half of U.S. Jails Offer Medication to Treat Opioid Use Disorder, According to a New JCOIN Study Key Takeaways: Fewer than half (44%) of jails surveyed offer MOUD, and only 13% provide at least one medication to anyone who requests it. Among jails providing MOUD, buprenorphine was the most commonly available (70%), followed by naltrexone (55%) and methadone (47%). However, access is often restricted based on criteria like pregnancy or prior treatment status. Staffing shortages and inadequate healthcare infrastructure are significant barriers. Jails with no onsite healthcare services were less likely to offer MOUD, and about half of jails cited insufficient licensed staff as a limitation to providing MOUD.

SAMHSA’s GAINS Center Announces a Trauma-Informed Treatment Courts Criminal Justice Learning Collaborative The primary goal of the Integrating Trauma-Informed Principles and Practices in Treatment Courts Learning Collaborative (LC) is for court-based teams to develop strategic plans to advance policies and practices in trauma-informed treatment court programs. This LC will bring together teams from various local jurisdictions and states to create coordinated strategic plans. These plans will address implementation strategies for integrating the principles of trauma-informed systems and associated practices into the everyday processes of their treatment court(s). The teams selected for this LC will work intensively to determine optimal ways to implement best practices and define success indicators, working with subject-matter experts during the implementation process and to facilitate peer-to-peer sharing.

Motivational Interviewing Session: Empowering Judges Working in Treatment Courts Judges play a pivotal role in addiction treatment, often witnessing firsthand the barriers that individuals face in their recovery journeys. Their role is crucial, and this session aims to equip them with the necessary tools to enhance their effectiveness. A significant challenge is clients' perceived lack of motivation which can hinder progress toward habilitation goals. By integrating motivational interviewing (MI) techniques from the bench, judges can effectively support individuals in overcoming these barriers to enhance their motivation and promote positive behavioral changes. Utilizing MI in court allows judges to engage with individuals more meaningfully, fostering a sense of collaboration and commitment to change.

Join SAMHSA’s Overview of Clinical High Risk for Psychosis Webinar SAMHSA’s National Training and Technical Assistance Center for Early Serious Mental Illness (ESMI TTA Center) is hosting a webinar series addressing a range of topics related to early serious mental illness (ESMI), including clinical high risk for psychosis and first episode psychosis. This one-hour session will be held Tuesday, November 19th. The webinar will provide an overview of clinical high risk for psychosis, address key considerations and challenges in program implementation, and discuss available technical assistance resources to support clinical high risk for psychosis programs.

Distinguishing Performance Measurement From Evaluation: What You Need to Know The November 21st webinar will provide clear guidance for COSSUP grantees, program managers, and practitioners in the broader field on the purpose and application of performance measurement, as well as fundamentals of program evaluation, and distinguish between performance measurement and evaluation. The webinar will conclude with a structured question-and-answer session with the program evaluators about how they work with their COSSUP grantees to support performance measurement and build capacity for evaluation.

NatCon 25 Registration As the largest conference in mental health and substance use, NatCon25 offers three days of nonstop learning, networking, and entertainment. Don’t miss the biggest event in behavioral health care in 2025 — join them and 5,000+ health care professionals in downtown Philadelphia from May 5-7!

CSG Justice Briefing Medicaid and Corrections Policy Academy convenes; Supporting Children With Incarcerated Parents; and more.

CSG Justice and Wellbeing Newsletter Guides to Reduce Overdose Risks; Medicaid Opportunities for Corrections; and more.


In the News

2-year Review Leads to Dozens of Recommended Changes to Oregon's Civil Commitment System A workgroup of Oregon's top judicial, health, legislative and community leaders is recommending dozens of changes to the state's mental health and civil commitment laws, following an extensive 2-year review. However, the group couldn't agree on lowering civil commitment standards or creating a tiered system for civil commitment involving both inpatient and outpatient options. The “Commitment to Change” workgroup was formed by the Oregon Judicial Department in 2022 to study Oregon's mental and behavioral health systems, namely civil commitment — the involuntary detention and treatment of a person whose mental illness makes them a danger to themselves or others. “Oregon’s civil commitment system is failing to protect some of the state’s most vulnerable residents,” said Judge Nan Waller and Judge Matthew Donohue, the co-chairs of the Chief Justice’s Behavioral Health Advisory Committee, in the report’s introductory letter.

Idaho Behavioral Health Council Releases State Mental Health Four-Year Plan The Idaho Behavioral Health Council on Tuesday published its latest strategic plan to strengthen Idaho’s mental health care system. Detailing recommendations through 2028, the council’s new plan — available online — outlines 11 priorities for Idaho’s behavioral health system. The recommendations include: bolstering Idaho’s behavioral health workforce, improving foster care services, making sure that people who enter and leave the criminal justice system receive continual care, and supporting people exposed to on-the-job trauma, like first responders. The Idaho Behavioral Health Council (IBHC) was established in 2020 by all three branches of government to support collaboration among state government, local governments, and community partners.

NCSL: New Medicaid Options Can Help Inmates Transition out of the Justice System State legislatures are creating new opportunities to leverage Medicaid for those in the criminal justice system. Another hot topic for legislatures in 2025 – Responding to the Behavioral Health Crisis. States continue to build comprehensive crisis response systems to ensure individuals have access to appropriate care and resources. States are addressing competency to stand trial and the prevalence of co-occurring substance use and mental health disorders in the criminal justice system. Early intervention strategies attempt to route people away from the justice system to community-based services. Recent actions support the creation of crisis intervention services, including call centers, mobile response teams and stabilization centers, to provide timely care for anyone, anywhere, at any time. Streamlining the competency restoration process, particularly in serious cases, is another priority in states.


Wellbeing

Clearing the Path to Wellness for Black Women Leaders in the Criminal Legal System Consider, for instance, the weight of historical trauma Black women shoulder, the lived reality that influences their work and personal lives. Recognizing and addressing this trauma is a vital component of wellness, especially in the criminal legal field where the vicarious stress of navigating an overburdened system fuels burnout and enables apathy. We, as Black women leaders, must seek out spaces that foster reflection, healing, and strengthened resilience to ensure our energy matches our intentions. Maybe we find that in therapy or professional affinity groups or any number of culturally specific wellness practices, but pretending it isn’t necessary only depletes our reserves. Leadership within the criminal legal field demands a relentless commitment to advocating for change, but this pursuit must be balanced with self-care to prevent burnout and ensure long-term effectiveness.


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