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.
Trauma and Trauma-Informed Responses Think of a time a court participant did or said something startling, failed to follow through with a court order, or acted in a way contrary to their best interest. It may be difficult to understand why they acted in that manner. For some individuals, their actions and reactions are a result of having experienced trauma. When court professionals are aware of how traumatic experiences impact behavior, they can better understand how to effectively support the individual. Sometimes this means diverting the individual from the justice system entirely to a treatment option and at other times it means being intentional about how to interpret their actions, work with them, and manage cases.
Fall/Winter Dates for Decriminalizing Mental Illness: The Miami Model These two-day workshops in Miami provide an opportunity to hear directly from Judge Steve Leifman and his colleagues about Miami’s innovations in crisis response, diversion, civil off-ramps, competence to stand trial alternatives, and the effective use of peers. Attendees also visit the model wraparound services facility, the Miami Center for Mental Health and Recovery. Most importantly, attendees learn how to engage in meaningful system change and leave with a plan to implement new strategies in their jurisdictions. The new dates: October 11-12, November 7-8, and December 5-6. Contact Rick Schwermer to hold a spot for your team at rschwermer@ncsc.org.
Research and Resources
NACO Commission on Mental Health and Wellbeing From Crisis to Solutions: Policy Catalysts for Improved Outcomes Our nation’s mental health policies and practices require meaningful leadership and reforms to address the severity and immediacy of today’s mental health crisis. County officials across the country are demanding reforms to improve the wellbeing of residents, use resources more wisely, and coordinate care for people suffering from mental illness. We are investing our capital – financial, political and social – into making these essential changes. We call on our intergovernmental and cross-sector partners to join us.
Guide to Jail Population Review Programs A jail population review program, sometimes referred to as a “sequential bail review program,” identifies people detained in jail who can be safely released pending the disposition of their case. The process reveals system practices that often contribute to unnecessary and unintentional pretrial detention, especially for people who cannot afford their assigned money bond but can safely be released from custody. Regularly reviewing your pretrial jail population is part of effective pretrial justice. This guide covers creating a jail population review subcommittee, analyzing relevant jail data, determining the program’s parameters and operational procedures, and identifying relevant performance measures.
State Support for Short-term Crisis Receiving & Stabilization Facilities (CRSFs), 2023 Community mental health providers (such as community mental health centers (CMHCs)) are the most frequent type of organization that operates CRSFs (used in 30 states). Certified Community Behavioral Health Clinics (CCBHCS) operate CRSFs in 11 states and the State Mental Health Authorities (SMHAs) operate their own CRSFs with state employees in three states. In 12 states, at least some of their CRSFs are free-standing (not part of any other organization); in 11 states, they are part of a general hospital system; and in 6 states, they are part of a psychiatric hospital system.
Mind Matters: Building a Justice System That Is Inclusive and Responsive to Brain Injury It is estimated that over half of individuals encountering the criminal justice system have experienced at least one brain injury, yet many of these individuals are undiagnosed or misdiagnosed and left without proper care and supports across the criminal justice continuum. This report synthesizes findings from a landscape review of brain injury in the criminal justice system, including interviews and focus groups; elevates key resources and best practices; and provides recommendations for building an inclusive and responsive justice system.
Court Navigation Programs: Providing Connections and Support Across the Legal and Behavioral Health Systems This article reviews the findings from an environmental scan of court navigation programs. It focuses on programs that provide connections to community-based behavioral health and social services.
The Use of Language in Treatment Courts: Word Choice Matters This paper examines current research on the impacts of stigmatization, as well as the benefits of using strength-based and person-centered language. Given that language is constantly evolving, the paper provides the tools and understanding for treatment court teams to routinely re-examine their practices. Accompanying language guides will focus on specific populations and provide practical recommendations on shifting language to operationalize principles of therapeutic jurisprudence.
Characterizing Crisis Services Offered by Certified Community Behavioral Health Clinics: Results From a National Survey The analysis shows Certified Community Behavioral Health Clinics (CCBHCs), specifically with the Medicaid bundled payment, significantly improve crisis care through a stronger behavioral health workforce and better array of crisis services. The article underscores the importance of the Medicaid definition that was passed as part of the Consolidated Appropriations Act, 2024, creating a permanent path for states to establish CCBHCs in Medicaid. A primary difference between the Medicaid bundled payment and the expansion grant program is that the former alters Medicaid reimbursement for clinics to address previous shortfalls in Medicaid payments for community mental health services to offer more sustained support for the intensive CCBHC requirements.
Deflection Strategies to Meet People Where They Are and Reduce Harms Associated With Substance Use Disorders Many deflection programs are taking their efforts a step further by incorporating harm minimization strategies, in addition to linking individuals to treatment. Harm reduction is a public health approach that aims to minimize the negative consequences associated with various behaviors including but not limited to substance use. When the goal is to keep people who use substances out of the criminal justice system or emergency departments, taking advantage of these harm reduction options ensures they can be kept as healthy as possible.
Messaging to Support a Behavioral Health Continuum of Care: Rural and Frontier County Leaders Rural and frontier county leaders oversee the administration of services in counties with populations of 50,000 or fewer people. While only approximately 15 percent of the nation’s population lives in the 2,050 counties deemed ‘non-metropolitan’ or rural, these jurisdictions account for over 72 percent of the nation’s total land area. These counties face a distinct set of challenges compared to their urban counterparts; less densely populated jurisdictions’ resources must serve diverse populations spread out across large distances. Rural and frontier county leaders are finding innovative ways to provide services and adapt resources to their communities’ unique needs by utilizing clinical crisis response teams, expanding certified community behavioral health clinics (CCBHCs) and leveraging law enforcement partnerships with supplemental training.
SJLA September 2024 Learning Series Event – Increasing Accessibility of Mental Health Services for Unhoused Populations in Rural and Urban Communities Mental health and substance use treatment is often inaccessible for unhoused populations. This webinar will focus on the importance of supporting unhoused populations and connecting them with necessary services without judgment or stigma. Speakers will highlight the social determinants of health that impact access to treatment in rural and urban communities. It will also explore innovative approaches to working with unhoused populations, including children, youth and adults, so they can successfully navigate local systems and receive critical resources and care.
Supporting Older Adults Experiencing Homelessness The purpose of this course is to introduce learners to the unique challenges faced by older adults experiencing homelessness, with a focus on individuals with substance use disorders or serious mental illness. The course will first review the current state and drivers of older adult homelessness. It will then outline the range of physical, behavioral health, cognitive, and functional conditions that impact this population, highlighting the challenges that older adults experiencing homelessness face when accessing and receiving services. The course will then introduce strategies to support older adults in community settings across the homeless response system and outline best practices that service providers can use to address common challenges this population faces. The final section will focus on strategies to train and support staff caring for older adults.
Implementing RNR Strategies in Drug Courts and Reentry Programs: Lessons Learned from a SAMHSA’s GAINS Center Learning Collaborative Risk-Need-Responsivity (RNR) principles have applications that help criminal justice programs support individuals with behavioral health disorders across the sequential intercepts, including adult drug courts and adult reentry programs. Recently, three site teams engaged in a collaborative learning initiative hosted by SAMHSA’s GAINS Center focused on "Implementing RNR Strategies in Drug Courts and Reentry Programs." This webinar will share the outcomes and insights from the "Implementing RNR Strategies in Drug Courts and Reentry Programs” Learning Collaborative. Participants will have the opportunity to hear directly from the involved sites who will share their experiences navigating the implementation of RNR principles in their drug court and reentry programs.
JCOIN Webinar: Linkage Facilitation Across the Justice Community Opioid Innovation Network The transition from incarceration back into the community is a particularly vulnerable time, especially for individuals with substance use disorder (SUD). Many individuals with SUD are released without connection to services or a clear plan for continuing treatment. Linkage facilitation has shown to be an effective strategy for ensuring seamless connections to community-based treatment programs, resources, support networks, and additional care systems during reentry. This webinar will delve into various linkage facilitation efforts that the JCOIN Clinical Research Centers (Research Hubs) are utilizing.
Mental Health Statistics & Facts in 2024: What the Data Reveals? Each year, millions of people in the U.S. are impacted by mental illness. Measuring how common mental illness is helps to understand its physical, social, and financial effects. It also serves as a reminder that no one is alone. These statistics are valuable for raising public awareness, reducing stigma, and pushing for improved health care. For example, about 16.9 million adults aged 18 or older experienced serious mental illness (SMI) within the past year, and the highest percentage of SMI was observed in young adults aged 18 to 25, with 33.8% affected. This was followed by 29.2% of adults aged 26 to 49 and 14.1% of adults aged 50 or older.
What Mental Health Care Protections Exist in Your State? Insurers have wide latitude on when and how they can deny mental health care. An analysis of all 50 states shows some are charting new paths to secure mental health care access.
CSG Justice Briefing Accountability in the justice system; Addressing health care disparities; Virginia invests in reentry services; and more.
JPLI Newsletter Behavioral Health Data Elements Guide for Courts; Judges Advocate for Better Services for “Familiar Faces”; Strategy Lab; and more.
CSG Justice and Wellbeing Newsletter Spanish-Language Community Response Resources, Crisis Response Collaboration Profile, and more.
CSG Justice Briefing North Carolina’s plan for reentry success; Community responder system podcast; Expanded health care access for youth who are incarcerated; and more.
In the News
Diversion Programs Show Significant Success Across Colorado The percentage of people who pass through the district’s diversion program and don’t commit any other crimes for at least three years is close to 90 or 95%. “I wish that every program had a 90% success rate,” said District Attorney Brian Mason. “It’s amazing and it, for me, affirms the investment that we have put into diversion.” Mason has overseen a significant expansion to the district’s diversion program, with diversion cases up 60% over the last three and a half years. Diversion director Ann Padilla-Parras said the number of cases in diversion went from around 250 to about 600. “I think it’s successful because we’re addressing the core fundamental reasons why they committed a crime in the first place and investing in rehabilitating them,” said Mason. “And they invest as well, because they have to, if they don’t invest in the program, then they’re going to get charged with a crime. So the folks who decide that they want to turn their lives around invest in this program to the same degree that we’re investing in them.”
Hundreds of Missourians Wait a Year in Jail for Court-Ordered Treatment — Before They Stand Trial The number of people languishing in Missouri jails in need of court-ordered mental health treatment currently stands at 344 — and the wait time for a hospital bed averages one year. That’s up from 254 people this time last year, according to Missouri Department of Mental Health data provided to The Independent. A spokeswoman for the department said that because the agency’s inpatient beds are at capacity, the number of people waiting in jail for treatment will continue to rise.
Courts Launch Novel Program for Mentally Ill Defendants The New Mexico court system is launching four pilot programs intended to divert people with serious mental illness into treatment who otherwise would face prosecution for minor crimes. Candidates for the program are people who have previously had criminal charges dismissed because they were found incompetent to stand trial. “This is the first time we’re doing anything with this group of individuals,” New Mexico Supreme Court Justice Briana Zamora said of criminal defendants with severe mental illness. “It will be challenging because they are high need,” she said. “But just being complacent and doing nothing is no longer an option.”
Passing a New Competency Law Won’t Be Enough, NM Supreme Court Justice Says State lawmakers were given a starting point this week to connect mental health treatment to more people accused of crimes but are unable to stand trial. At a meeting of the Courts, Correction & Justice Committee on Tuesday, New Mexico Supreme Court Justice Brianna Zamora was part of an expert panel who presented a draft bill on criminal competency. The proposed law would allow courts to order people who are accused of felony-level crimes and are found incompetent to stand trial to participate in community competency restoration programs without necessarily requiring them to be in a locked facility. Zamora said the draft bill would give trial court judges alternatives besides incarceration, pretrial services and hospitalization at the New Mexico Behavioral Health Institute in Las Vegas.
Kentucky Could Be in Violation of Federal Law Without More Community-Based Mental Health Care The U.S. Department of Justice says it has “reasonable cause” to believe Kentucky is violating the Americans with Disabilities Act in Jefferson County. The report says Jefferson County relies too heavily on psychiatric hospitalizations, police, and detention that could be avoided with community-based mental health services which it also does not adequately connect people with following hospitalization. Key points in the report: In 2022, 16% of people admitted to psychiatric hospitals in Louisville were also sent to jail; in 2022, 1,100 people were admitted more than once to a psychiatric hospital; more than 500 had three or more such hospital admissions.
Biden-Harris Administration Awards $81.3 Million in Funding to Further Advance the President’s Unity Agenda The U.S. Department of Health and Human Services (HHS), through the Substance Abuse and Mental Health Services Administration (SAMHSA), announced $81.3 million in grant awards, including more than $16 million to support the integration of primary and behavioral health care. The integration of primary and behavioral health care is considered the future of health care because it uses systematic, evidence-based approaches to improve the delivery of person-centered comprehensive care; increases access to preventive care and screenings; coordinates care to address mental, physical, social, and substance use related needs; and reduces overall costs of care for patients, providers, and health care systems.
Wellbeing
Mindful judging: Strategies for Wellness In the pursuit of justice, judges shoulder immense responsibility by making critical decisions that impact lives and communities. The importance of daily self-care and the use of wellness strategies cannot be overstated. Self-care helps safeguard the mental, emotional, and physical well-being of judges; and wellness strategies can also contribute to the integrity, fairness, and effectiveness of the judicial system. In its Judicial Wellness and Addressing the Mental Health and Well-Being of Judges and Court Employees reports, the National Judicial Task Force to Examine State Courts’ Response to Mental Illness looks at the judicial system as a whole. They offer strategies for members of the judiciary and the court system on promoting resilience in the face of ongoing changes in the courts.
Comments or feedback about Behavioral Health Alerts?
Related news or resources from your state or jurisdiction?
Please contact Rick Schwermer.
