Task Force Calls on Courts, Providers to Collaborate on Solutions for Justice-Involved Population

With data showing that individuals with mental illness are 10 times more likely to be incarcerated than hospitalized, the National Judicial Task Force to Examine State Courts’ Response to Mental Illness has released a series of findings and recommendations for state courts and behavioral healthcare providers.

The report notes that each year, about 2 million arrests are made of people with serious mental illness, and on a given day, about 380,000 people with mental illness are incarcerated and another 574,000 are under some form of correctional supervision. Such figures have created a “disproportionate impact” on state and local courts, Paul L. Reiber, chief justice of the Supreme Court of Vermont and task force co-chair, said in a news release.

In a separate report, the Prison Policy Initiative noted the following statistics:

• 43% of individuals in state prisons have been diagnosed with a mental health disorder
• 74% of individuals in state prisons report not receiving any mental healthcare while incarcerated
• 27% of those jailed at least 3 times within a year report having a moderate or serious mental illness

Meanwhile, mental health and substance use conditions can create especially challenging situations for those who are involved with the justice system, Miriam E. Delphin-Rittmon, PhD, the U.S. Health and Human Services assistant secretary for mental health and substance use and the leader of the Substance Abuse and Mental Health Services Administration (SAMHSA), said in the news release.

“Collaborating with state courts to help individuals access effective treatments in correctional facilities is an important and timely strategy for helping to address the nation’s behavioral health crisis,” Dr Delphin-Rittmon said.

To that end, the task force developed 3 recommendations for courts and provider organizations:

1. Collaboration. Justice and behavioral health systems should partner to identify opportunities to collaborate on improving responses to individuals with behavioral health disorders.
2. Diversion. Processes to identify and divert individuals with behavioral health disorders at each stage of system involvement should be promoted so as to avoid such individuals moving further through the criminal justice system.
3. Efficiency. Current case management and calendaring practices should be examined, and strategies to more quickly and effectively address issues presented in cases involving individuals with behavioral health needs should be implemented.

The series of recommendations were endorsed in a joint resolution by the Conference of Chief Justices and Conference of State Court Administrators.

References

Judicial task force studying serious mental illness releases final report, recommendations today. News release. National Center for State Courts. October 25, 2022. Accessed October 26, 2022.

Prison Policy Initiative. Mental health: policies and practices surrounding mental health. Prison Policy Initiative. Published October 19, 2022.