Mental health courts are specialized courts that focus on offenders with mental health disorders. They aim to rehabilitate offenders rather than punish them and are part of a trend of problem-solving courts. The specifics vary by region, but generally involve screening, voluntary treatment, and strict adherence to program requirements. Legislative support exists in the US, and the legacy of mental health courts began in the 1980s with an Indiana judge named Evan Dee Goodman.
Mental health courts are a group of different types of court systems that focus on offenders in a particular population. In particular, mental health courts are designed for offenders who have a proven mental health disorder. This method of justice features specially trained employees and rehabilitation treatment programs.
Mental health courts represent an emerging trend in criminal law: problem-solving courts. Such specialized courts target particular social ills within a population: other examples include domestic violence courts and drug courts. The approach seeks reform rather than punishment. Rehabilitating offenders is a key focus, with the idea that a reformed offender can make a positive contribution to society. Consideration of victims of crime is also crucial.
As far as legislative support is concerned, in the United States both the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 and America’s Law Enforcement and Mental Health Project provide a legal basis for mental health courts. The Bureau of Justice Assistance and the Substance Abuse and Mental Health Services Administration work together to coordinate US mental health court services. The legal basis may vary in other countries.
The specifics vary by region, but several factors generally constitute mental health courts. The basis of these programs combine the most successful features of prison diversion programs, probation and probation guidelines, and community-based crisis intervention teams. Specialized treatment programs are designed for the unique needs of the offender. These treatments are supervised and applied by individuals with mental health backgrounds, from judges to case workers.
A general process usually begins with a screening of the offender. Courts typically set a standard of criteria for what types of mental health problems and alleged crimes the court will consider. Once a potential candidate has been selected, the offender must voluntarily agree to undergo treatment. After the length of treatment has been determined, the offender must strictly adhere to the requirements of the program or face penalties. Treatments are administered through a global partnership between judges and other law enforcement officials and community health professionals.
The legacy of mental health courts began in the United States in the 1980s with an Indiana judge named Evan Dee Goodman. The court official established a court that will focus on mental health issues at Wishard Memorial Hospital. Inpatient and outpatient treatment served as the foundation for the court. Goodman’s colleagues were inspired by the idea, and mental health tribunals began to spread across the United States and other countries as well. One constant is that all employees of a mental health court remain active in the screening, evaluation and treatment of offenders.
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