Mental Health Courts and Their Essential Elements

Across the United States a disproportionate number of people with mental illnesses are repeatedly coming into contact with the criminal justice system. Estimates indicate that between 7 percent and 16 percent of individuals in U.S. jails and prisons have serious mental illnesses. Because these individuals’ mental health needs often have not been adequately addressed in the community, criminal justice agencies are increasingly required to respond to their needs in some way. This places overwhelming demands on law enforcement, courts and corrections, which are often ill-equipped for the task. The commission of criminal justice system resources also is not a one-time investment. Rather, people with mental illnesses who are at risk of contact with law enforcement often cycle through the system; once released back to the community they are rearrested often for low-level crimes. Despite the significant investments being made by corrections and other agencies, there are not commensurate positive outcomes for people with mental illness, their loved ones, or for the criminal justice system.
A number of efforts to respond to this problem are being explored in many communities. One promising approach has been the emergence and growth of mental health courts. The first mental health court opened in 1997; 10 years later, more than 175 jurisdictions have mental health court programs, and many more are being planned. A number of different program models exist, but generally, mental health courts are specialized court dockets for defendants with mental illnesses. Participants are connected with treatment services while under close supervision by the mental health court team, which allows participants to remain in the community and improve their quality of life while the mental health court team also promotes the safety of the public.
Five Texas counties