Barriers to Implementing the Essential Elements of Mental Health Courts within a Suburban Jurisdiction

• In Event: Sentencing, Evidence, and Alternative Courts

Abstract

In response to the proliferation of mental health courts across the United States, the Council of State Governments Justice Center issued guidelines for the design and implementation of these problem-solving courts. Barriers to employing the essential elements within a suburban county mental health court were explored via semi-structured interviews with mental health court and probation department personnel, as well as prosecutors and defense attorneys. Questions pertaining to the following topics were asked during each interview: individual role and daily responsibilities; the referral process; eligibility and ineligibility criteria for the program; criteria for mental health court graduation and failure; the decision-making process for sanctions, incentives, and graduation; and the discharge planning process. Barriers to implementing the essential elements included a lack of consensus on eligibility criteria, the need for additional probation staff training in mental health issues, the lack of a formal feedback mechanism to identify areas in need of improvement, and a lack of appropriate clinical and ancillary resources in the surrounding area. Possible solutions for addressing these identified barriers will be discussed, as well as suggestions for additions to the essential elements of mental health courts.

Author

• Laura Honegger, Stony Brook University