Thanks for joining us again for the second installment on Michigan’s Mental Health Courts. In part one we broke down exactly what a Mental Health Court was, and the purpose it served in the criminal justice system. Moving on, we are going to take a look at how this particular treatment court works, and what the process looks like for a participant.
Not just anyone can participate in the Mental Health Court System. An individual cannot decide that they are struggling with mental health issues and should therefore seek treatment through the Mental Health Court. In fact that decision cannot be made by a defense attorney or a prosecutor. A person who can determine whether or not a person meets the clinical eligibility is a medical / psychological or psychiatric professional.
In order to be transferred to the Mental Health Court, a person usually must first have received an Axis 1 diagnosis. This means they have been diagnosed by a qualified professional as having a severe clinical disorder with acute symptoms that require treatment. Examples of this would be bipolar disorder, schizophrenia, and schizoaffective disorder.
That’s not all, however. In addition to meeting the clinical requirements, an individual must also meet the legal requirements. This means that the crime they have committed must fall into certain parameters. For example, major crimes like murder, armed robbery, rape and major drug crimes are not within the Mental Health Court parameters in Michigan. The crimes dealt with in this court tend more towards non violent and non life threatening varieties, like drug crimes or theft offenses.
If the defendant is willing (it is a choice) to participate in the Mental Health Court system, they plead guilty to their crime, and are transferred to the MHC. They are then assigned a caseworker who helps them to manage their medications, get into a substance abuse counseling program, find proper housing, and remain accountable for their choices.
Defendants are required to appear in court each week at first, to talk to the judge. This is another aspect of the accountability that helps them stay on track toward a better future. They discuss their weekly activities, their medications, how they are doing emotionally and what they are pursuing in their free time. The judge provides guidance, advice, encouragement and sometimes warnings. If the defendant isn’t following through and complying as required, the judge can punish them or remove them from the mental health court program.
The common scenario is that a defendant who can make it through the Mental Health Court system for 12 months with complete success, goes on to have their charges dismissed. If they fail however, they are convicted on whatever charges they faced and sentenced to whatever the Michigan law states is the appropriate punishment. Failure could mean reoffending, being unable to maintain sobriety, refusing to take prescribed medications, or not attending counselling sessions.
Because the focus on recovery is intensive, not everyone is successful. However, most of the stories coming out of Mental Health Court are uplifting ones. People who were able to overcome substance abuse issues and were able to maintain a regular medicine and therapy regime. People who were able to find and keep jobs, and stay off the streets in viable housing. People who don’t commit more crimes, and are thus able to avoid jail time and a criminal conviction on their record.
A recent outcome evaluation showed that this program helps to lower the incidence and intensity of medical treatments administered by local Community Mental Health Centers. In addition, recidivism rates are significantly lowered. Recidivism refers to a person’s relapse into criminal behavior, usually after they have received some kind of intervention or penalty. Current recidivism rates for MHC program graduates is approximately 6.3%, which is amazing given the fact that recidivism in the general population is considerably higher.
Although this is a less common approach to justice, it has been proven time and again to work. Most people living with a chronic mental illnesses simply cannot be processed through the justice system in the same way as a mentally healthy person can. It would be like penalizing someone without legs for not completing a marathon. Or sending a severe dyslexic to prison for not doing well in a reading competition.
Sending a person struggling with a debilitating mental illness to prison will not solve their problem. It will not heal their mind, teach them good coping skills, or help them to make better choices in the future. In fact, it will often do more damage and when they get out they will be more likely to make poor choices again, which will only perpetuate the cycle. For this reason, we are very grateful for Michigan’s Mental Health Courts, and can only hope that many of Michigan’s population who are suffering with mental illnesses get the help they need.
If you or a loved one have been arrested and charged with a crime in Michigan’s lower peninsula, and are struggling with any form of mental illness, call us immediately at 866-766-5245. The skilled defense attorneys at The Kronzek Firm have decades of experience working with defendants from every walk of life, and providing some of the best defenses available. We are here to help you 24/7.