How do mental health courts operate, and what are their advantages?
What will be an ideal response?
• The standard definition of a mental health court is "a specialized court docket for certain defendants with mental illness that substitutes a problem-solving model for traditional criminal court processing." Mental health courts identify individuals who have committed crimes but are mentally ill. The courts screen defendants from any time immediately after arrest to a few weeks later. They look for individuals who are not necessarily criminal in nature, but their mental illness seems to be the key reason they get wrapped up in the criminal justice process. With a priority for community safety, however, most participants are misdemeanor or low-level offenders with no history of serious violence. The courts then attempt to prevent the jailing and detention of these individuals, fearing they will deteriorate even more and end up with greater criminal sanctions as a result of their detention status. The courts use a team approach (judicial officers, treatment providers, prosecutor, defense attorney, and court supervision officer) to identify and recommend candidates for mental health court diversion. The participants must volunteer and agree to participate in treatment. If the individual successfully completes treatment, he or she can avoid a criminal record and continue to seek treatment outside the criminal justice process.As with drug courts, preliminary evaluations are positive.
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