Effective Defense Representation

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.

Effective Defense Representation Defense counsel have an important role in understanding the behavioral health needs of clients and advocating effectively for their clients. Courts have an inherent responsibility to support them in this role. Defense counsel should provide leadership in the community and in the courthouse to address the needs of those with behavioral health needs. Defense attorneys and defender offices should have training and expertise in identifying mental illness, working with clients with mental illness, and in developing diverse and client-centered treatment plans for clients. To the extent possible, these offices should strive to develop specialized units or training on mental health and/or involve social workers who work alongside the attorneys to connect clients to appropriate treatment.

Task Force Recommendations Implementation - Resources and News

Creating a Juror-Centered Experience: Reducing Barriers, Optimizing Time, and Supporting Mental Health Join NCSC's Center for Jury Studies and a panel of experts as they highlight innovative approaches and best practices from courts across the country. In this webinar, you'll learn actionable strategies to reduce common barriers to service, optimize juror time, and support juror mental well-being.


Research and Resources

Guide to Long-acting MedicationsThe National Council Medical Director Institute is excited to announce an update to its Guide to Long-acting Medications (LAMs) for Clinicians and Organizations. This comprehensive guide is a call to action for psychiatrists, clinicians, and mental health and substance use treatment organizations to increase the use of LAMs as a first-line treatment option.

New Report Reveals Successes and Limitations of Medications for Opioid Use Disorder in New York State Prisons The Correctional Association report highlights the positive impact that expanded access to MOUD behind bars can have on people’s lives and offers opportunities for the New York Department of Corrections and Community Supervision to improve their treatment program to better meet the needs of incarcerated people. Research suggests that MOUD during incarceration can have profound positive impacts on the health and mortality of participants after their release from prison: it is associated with increased community-based treatment participation and reduced opioid use and overdoses after release.

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments in Child Protection Cases A trauma-informed approach acknowledges that “effective interventions with people require both the avoidance of re-traumatization and the presence of respectful and supportive interventions that help people rebuild their lives.” While much of the emerging literature in the legal field focuses on lawyers’ work, there is a growing view that judges can also play a significant role in responding effectively to trauma. Child protection cases often involve situations where parents’ trauma responses significantly contributed to the behaviors that place them at risk of permanent separation from their children. It is these parents who are the focus of this analysis.

New Guide and Webinar: Challenging Myths About Recidivism Decision-makers often cite worries about recidivism as a primary reason to oppose criminal legal system reforms. These worries are caused by both the concept of the “revolving door” of incarceration and by politicians’ fears that a single violent recidivism event will hurt them politically. The realities of recidivism, though, are complex, and the more advocates know about the facts of how many people return to prison and what those numbers mean, the better equipped they can be to help politicians make informed decisions about policy. Earlier this month, we released a new guide to recidivism statistics and their history and how advocates for decarceration can challenge the way these flawed statistics are used to undermine their efforts.

Creative Solutions for Housing Forensic Populations: Assisted Outpatient Treatment, Olmstead and Independent Living On Thursday, March 13th, the NASMHPD Forensic; Housing; and Finance & Policy Divisions hosted their second Joint Learning Collaborative on creative solutions for housing forensic populations. This second session included presentations from Tara Brewer, MS, Assisted Outpatient Treatment (AOT) Program Administrator and Jason Bagley, Program Manager, Adult Mental Health & Recovery Services Branch, both from the Division of Mental Health, Department for Behavioral Health, Developmental & Intellectual Disabilities, Kentucky Cabinet for Health and Family Services. They discussed Assisted Outpatient Treatment (AOT), Olmstead, and Independent Living.

Applications for Communities Talk Planning Stipends Now Open SAMHSA invites community-based organizations and institutions of higher education to apply for a Communities Talk stipend to help plan local events that advance conversations and community convenings on substance use prevention.

State Justice Institute Newsletter Trauma-Informed Practice Strategy Lab for Criminal Courts (TIPS Lab) blueprint, Judiciary Training on Substance Abuse, and more.

Addiction Policy Forum Newsletter Findings from Trumbull County Community Survey on Addiction; Suicide Prevention Survey and White House Extends Opioid Crisis Emergency Declaration.

National Council for Mental Wellbeing – Substance Use Monthly March highlights, news, and research on prevention, treatment, and recovery.

CSG Justice Briefing Recognizing National Criminal Justice Month; North Carolina expands non-police emergency response; Los Angeles celebrates significant 2024 public safety gains; and more.


In the News

What Potential Federal Medicaid Cuts Could Mean for States and Their Residents A new analysis from KFF illustrates that $880 billion in potential Medicaid cuts would represent 29% of states’ spending on Medicaid. Specific Medicaid cuts have not yet been proposed by Congress. The analysis assumes $880 billion in cuts over a decade – the minimum level of cuts called for in the House budget resolution for the Energy and Commerce Committee which has jurisdiction over Medicaid – and allocates the cuts proportionally to states based on their share of federal Medicaid spending.

Who Decides When a Homeless Person Needs to Be Taken Off the Street? New York City’s involuntary removal policy was supposed to make it easier to help mentally ill homeless people get the care they need. In practice, it has raised impossible questions.

Alabama Bills Would Rebrand, Expand Scope of Court Diversion Programs “Right now, statutorily wise, the only courts that are set up by state statute are drug courts,” said Casey Bates, chief of staff for Alabama Supreme Court Chief Justice Sarah Stewart who is helping to craft the legislation. “A number of different counties have set up mental health courts or veterans courts. We wanted to have a framework in place that is going to address any type of court that will be helpful,” Bates said. “Our goal is to keep people from offending again. We don’t want to send them to prison and then have them come back and reoffend. By setting up the accountability court, that is going to be the umbrella for any of the types of courts that are necessary.” The bills require the Administrative Office of the Courts to establish a process and set policies governing diversion programs.

US Judge Names Receiver to Take Over California Prisons’ Mental Health Program A judge has initiated a federal court takeover of California’s troubled prison mental health system by naming the former head of the Federal Bureau of Prisons to serve as receiver, giving her four months to craft a plan to provide adequate care for tens of thousands of prisoners with serious mental illness.


Wellbeing

Balancing the Scales: Practicing Law While Managing Mental Illness by Anonymous Practicing law requires a wide range of cognitive, emotional, and interpersonal skills, many of which can be affected by mental illness. Yet many attorneys manage to balance the demanding responsibilities of legal practice while navigating their own mental health challenges. This article explores the ethical and professional considerations for attorneys in Idaho who are dealing with mental health issues, the implications of the Idaho Rules of Professional Conduct (IRPC”), and the resources available to foster well-being while maintaining professional competence.

Driving Performance and Well-Being Through Proactive Mental Health The cost of ignoring mental health is staggering. According to one estimate, "depression and anxiety cost the global economy an estimated $1 trillion in lost productivity each year." The financial burden extends beyond productivity losses — companies also see increased healthcare costs, absenteeism and turnover when mental health support is lacking. For every $1 invested in mental health, it's estimated that companies see a $4 return in productivity, retention, and reduced medical costs.

Why We’re Getting the Expensive Problem of Employee Burnout — and How to Fix it — All Wrong We hear a lot about worker burnout, but a new study from the American Journal of Preventative Medicine puts an eyebrow-raising price tag on it. It found that a worn-out employee can cost an organization $21,000 per year in lost productivity — meaning that for the average 1,000-person company, workforce disengagement and burnout could ring up to $5 million a year. It would appear that despite the avalanche of wellness programs, well-stocked office pantries, and RTO days, we’re still getting burnout — and the solutions to it — all wrong. Here’s why and how to actually fix it.


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Related news or resources from your state or jurisdiction?
Please contact Rick Schwermer.


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