Mental Health Association in New York State, Inc.
(Publication Archives)

Community Connections, Fall 2003

Mental Health Courts Must Protect Civil Rights
From http://www.nmha.org/position/mentalhealthcourts.cfm

NMHA Says Special Courts Could Further Criminalize Mental Illness.
Alexandria, VA. (January 10, 2001)

The National Mental Health Association has issued a position paper opposing mental health courts unless they offer a meaningful alternative to criminal sanctions for all people accused of crimes and for whom voluntary mental health treatment is a reasonable option. The position statement offers detailed guidance to communities seeking to implement model mental health court programs.

"NMHA is deeply concerned that in many American cities and states, mental illness has been effectively criminalized," said Michael M. Faenza, NMHA president and CEO. "There are not enough community-based treatment programs, and social welfare programs are fragmented and disorganized, so people fall through the cracks and end up in jail or prison."

"Mental health courts could be an important step towards receiving appropriate care. But if there are no strict controls protecting civil rights, the courts could be used to increase forced treatment in the community," Faenza continued. "Policy focus should continue to be on the front-end services that prevent people from ever becoming involved in the criminal justice system."

NMHA calls for the use of individual treatment plans that that focus on personal recovery and choice, and include mental and physical healthcare, case management, housing, employment, supportive education, substance abuse treatment and psychosocial services in the least restrictive environment possible.

The paper also states that:

• Diversion to a mental health court should occur at the earliest possible phase of the justice process, preferably before arraignment.
• Mental health court programs should bring additional treatment resources to the community rather than depleting already limited existing resources.
• Mental health services need significant increases in public investment, and must be integrated across public and private agencies to address the full range of consumer needs.
• The justice system should not become the preferred point of entry for people who have been otherwise unable to obtain community-based mental healthcare.

NMHA says effective mental health courts include:

• No requirement of a guilty plea to enter a mental health court
• Maximum pre-booking diversion
• Consideration for people with co-occurring disorders, and
• Respect for the right of the individuals to refuse medicinal treatment.

In order to avoid the risks in establishing mental health courts, NMHA advocates that state and local Mental Health Associations be involved in their development and implementation of mental health courts from very early on.

For more information or a copy of NMHA's position statement on Mental Health Courts, contact NMHA's Advocacy Resource Center at 800-969-6642 or visit: http://www.nmha.org/position/mentalhealthcourts.cfm.

posted 9/18/03