To illustrate the inefficient and costly consequences of the current system, researchers from the Florida Mental Health Institute at the University of South Florida examined arrest, incarceration, acute care, and inpatient service utilization rates among 97 individuals with SMIs participating in jail diversion programs in Miami-Dade County, FL. In order to better understand the pattern of changes, a hazard function is presented in Figure 5 showing the likelihood of first arrest at each stage of the follow-up period. Noncompleters are those who did not follow through with the prescribed treatment as originally ordered and were discharged for other reasons. Various measures of criminal justice outcomes after diversion were collected including arrests for different categories of charges, number of arrests, and community tenure before arrest regardless of arresting jurisdiction. These findings suggest that completion of a jail diversion program facilitated by a prosecutor's office can lower recidivism and days incarcerated. The GAINS Center provided technical assistance and helped the community map existing resources, identify gaps in services and service delivery, and develop a more integrated approach to coordinating care. The site is secure. the contents by NLM or the National Institutes of Health. A Radical New Approach for Mental Health Diversion, Journal of the American Academy of Psychiatry and the Law Online, DOI: https://doi.org/10.29158/JAAPL.210106-21, The prevalence of mental illness in California jails is rising: An analysis of mental health cases & psychotropic medication prescriptions, 20092019 [Internet], Custody Division Reports: Mental Health Count [Internet], Expedited diversion of criminal defendants to court-ordered treatment, Challenges to reforming the competence to stand trial and competence restoration system, Resolution or resignation: The role of forensic mental health professionals amidst the competency services crisis, Just and well: Rethinking how states approach competency to stand trial, The Council of State Governments Justice Center, Evaluation and restoration of competence to stand trial: Intercepting the forensic system using the sequential intercept model, A survey of national trends in psychiatric patients found incompetent to stand trial: Reasons for the reinstitutionalization of people with serious mental illness in the United States, California capitol watch: Assisted outpatient treatmentbill would loosen criteria for involuntary mental health treatment, Ethics Considerations in Laws Restricting Incapacitated Patients' Access to ECT, A Proposal for the Capacity to Stipulate to Civil Commitment and a 50-State Review of Statutes, Psychiatric and Substance-Related Problems Predict Recidivism for First-Time Justice-Involved Youth, by The American Academy of Psychiatry and the Law, https://lasd.org/transparency/custodyreports/#2021_mental_count, https://csgjusticecenter.org/wp-content/uploads/2020/10/Just-and-Well27OCT2020.pdf, http://www.bazelon.org/our-work/mental-health-systems/forced-treatment/, https://www.davisvanguard.org/2021/07/california-capitol-watch-assisted-outpatient-treatment-bill-would-loosen-criteria-for-involuntary-mental-health-treatment/, 2021 American Academy of Psychiatry and the Law. The Union County Prosecutor's Office compiled data regarding the types of arrests and convictions, jail/prison days, dates of jail admission and release, and total jail days (both lifetime prior to diversion and that from diversion through April 2011, allowing for up to 60 months of follow-up). Many existing diversion programs lack sufficient authority to ensure treatment compliance, and incarceration is their primary response to deviation from program rules. Additionally, police and correctional officers do not receive adequate training to manage individuals experiencing mental health crises and report this aspect of the job as an especially stressful one. Biomed Res Int. This is a remarkable achievement compared to the ordinary approval process which typically takes between 9 and 12 months. The average cost to provide services in the MD-FAC program is roughly 32% less expensive than services provided in state forensic treatment facilities. The EDCOT system completely bypasses CST, as trial competence is not required for a defendant to be mandated to receive diversion and treatment. Unlike many diversion programs, EDCOT requires passing laws. The diversion of mentally ill persons from jails to community-based services: A profile of programs. The average daily population in the county jail system has dropped from 7200 to 4200 inmates today (see Figure 2), and the county has closed one entire jail facility at a costsavings to taxpayers of $12 million per year. Jail-based diversion is one of three general types of postbooking diversion (Broner, Borum, and Gawley, 2002 as cited in [17]). Officers receive 40 hours of specialized training in psychiatric diagnoses, suicide intervention, substance abuse issues, behavioral de-escalation techniques, the role of the family in the care of a person with mental illness, mental health and substance abuse laws, and local resources for those in crisis. The Project works by eliminating gaps in services and by forging productive and innovative relationships among all stakeholders who have an interest in the welfare and safety of one of our communitys most vulnerable populations. Jail Diversion for Persons with Serious Mental Illness Coordinated by a Alternatively, there is evidence supportive of general risk factors that are related to criminal behavior for individuals with and without mental illnesses. In large part, this is not a surprising finding in light of other treatment services' research for persons with serious mental illness. The Eleventh Judicial Circuit Criminal Mental Health Project (CMHP) was established 19years ago to divert misdemeanor offenders with SMI, or co-occurring SMI and substance use disorders, away from the criminal justice system into community-based treatment and support services. Importantly, these programs can take many forms, and research has not yet shown how effective they are at improving the quality of mental health treatment or reducing the number of repeat encounters with law enforcement. In the year prior to enrollment compared to the year after enrollment, those who completed the program dropped from 25 days to 4 days, respectively. Instead of issuing punishments, these diversion programs connect people to support and services that address underlying needs. In the year prior to diversion, participants spent an average of 28.88 (SD = 70) days incarcerated. Ironically, while many individuals could not access themost basic prevention and treatment services in the community, they were being provided the costliest levels of crisis and emergency care over and over again. 2019 Jul 16;16(1):46. doi: 10.1186/s12954-019-0317-3. In contrast, among those who completed the program, only 37% had been incarcerated even after 5 years. Mental health diversion programs face a number of challenges and obstacles. Abramson M. F. The criminalization of mentally disordered behavior: possible side-effect of a new mental health law. PDF Jail Diversion Practice Guidelines (P.7.10.3.10) - State of Michigan If the individual was deemed appropriate for community-based services and was willing to participate in the program, a treatment plan was developed and incorporated into the disposition of the case. Access to entitlement benefits Stakeholders in the criminal justice and behavioral health communities consistently identify lack of access to public entitlement benefits such as supplemental security income (SSI), social security disability insurance (SSDI), and Medicaid as among the most significant and persistent barriers to successful community re-integration and recovery for individualswho experience seriousmental illnesses and co-occurring substance use disorders. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. GLOF increased significantly to 5.31 from a baseline of 4.76, after 6 months in the jail diversion program (t(81) = 6.72, p < .001). Because of the early success of the program and demonstrated outcomes, the CMHP was awarded another grant in 2007 by the State of Florida to further expand postbooking diversion operations to serve people charged with less serious felonies. The legal disposition of the diversions included reduced sentences (15%), dismissal of charges (13%), downgrading or reduction of charges to a less serious charge (58%), or pretrial interventions (14%). and transmitted securely. Diversion Programs - United States Department of Justice Monthly cumulative proportion of persons (completers versus noncompleters) remaining in community without any arrests over 60 months. The purpose of the summit was to review the ways in which Miami-Dade County collectively responded to people with mental illnesses involved in the justice system. Diversion programs are initiatives in which persons with serious mental illness who are involved with the criminal justice system are redirected from traditional criminal justice pathways to the mental health and substance abuse treatment systems. In any case, as Hoge and Bonnie describe, the monitoring and sanctions of outpatient treatment under EDCOT would be tailored to maximize treatment compliance, without going so far as to mimic, for example, conditional release for an insanity acquittee, where return to a secure state hospital setting is common even for minor violations. Thus, degree of previous criminal justice involvement is associated with poorer outcomes and, in some cases, explains more of the variance in outcomes than program participation. In order to address this barrier and maximize limited resources, the CMHP developed an innovative plan to improve the ability to transition individuals from the criminal justice system to the community. This process requires the agreement of the prosecutor, judge, and defense attorney [18]. Thank you for your interest in recommending The Journal of the American Academy of Psychiatry and the Law site. Principles and practices of risk assessment in mental health jail Accessibility Crim Justice Policy Rev. In 2010, another state grant was awarded, which was used to establish a specialized unit to expedite access to federal entitlement benefits. Their blueprint for a civil commitment regime for individuals with serious mental illness arrested for misdemeanors or felonies of low or moderate severity has the potential to reduce lengths of stay in jails and forensic hospital settings, increase community treatment rates for a difficult-to-engage population, and improve public safety. In addition to drastically shortening the entire timeline from arrest to exit from the criminal justice system, the savings in terms of money, hospital beds and staffing resources EDCOT would generate by avoiding CST proceedings would clearly be quite substantial, given the known costs of state CST regimes. The conclusion of the summit became apparent that people with untreated serious mental illnesses are among the most expensive population in the community not because of their diagnoses, but because of the way the health care and justice systems treat them. Received 2017 Jun 1; Revised 2017 Oct 17; Accepted 2017 Nov 9. Another review of 11 jail-based diversion programs came to somewhat different conclusions, finding that there was a high degree of effectiveness in reducing recidivism and moderate effectiveness in reducing the number of days incarcerated [17]. Consistently a higher cumulative proportion of program completers are maintained in the community without arrest for four years. In many ways, completers and noncompleters were alike. A Radical New Approach for Mental Health Diversion CMHP staff assess, plan, identify, and coordinate transition plans that are individualized for each program participant. There are many moving parts and feedback loops. Further research is needed to assess the unique contribution of prosecutor office facilitation. This Part I in a series of instructional material on jail diversion programs, addresses the features of jail programs that address the needs of inmates with mental health and substance-use disorders. The preformed groups of completers versus noncompleters were used. Postbooking diversion models redirect the individual after arrest and booking of charges. Access to entitlement benefits is an essential element in successful recovery and community reintegration for many justice system involved individuals with serious mental illnesses. Individuals charged with misdemeanors who meet involuntary examination criteria are transferred from the jail to a community-based crisis stabilization unit as soon as possible. Hoge and Bonnie propose a bold approach that would address the barriers just described, among others. Abstract Additionally, the prosecutor's office has a significant amount of discretion regarding the disposition of the charge and can intervene earlier in the adjudication process. Global level of functioning (GLOF) was also assessed at baseline and six months into the program. government site. Steadman H, Morris S & Dennis D 1995. Additionally, they serve longer sentences and their incarcerations are more costly, perhaps due to the lack of adequate treatment [3]. Pre-arrest diversion programs provide an alternative outcome. Indeed, some of these so-called criminogenic features, including multiple jail admissions and substance abuse, are predictive of outcomes regardless of jail diversion program participation. These include (1) number of lifetime jail admissions prior to entering jail diversion: more lifetime admissions prior to diversion predict more postdiversion admissions ( = .39); (2) whether the individual completed the jail diversion program: completers were incarcerated less after diversion ( = .24); and (3) age: younger people were more likely to be incarcerated more times after diversion ( = .22). Rather, officers are trained to quickly assess situations and assist individuals in accessing a full array of crisis and noncrisis services and resources across the community. An alternative hypothesis is that the factors predictive of criminal behavior among people with mental illness are the same as those for the general population, but people with mental illnesses have higher levels of these risk factors [9] and, among a minority, a greater propensity for violence and criminal behavior [10]. If you would like to know more about how RTI uses cookies and how to manage them please view our Privacy Policy here. Skeem J. L., Manchak S., Peterson J. K. Correctional policy for offenders with mental illness: Creating a new paradigm for recidivism reduction. The https:// ensures that you are connecting to the PDF Jail diversion: the Miami model - Florida Courts Since its inception, the CMHP has received ongoing support from the Florida Department of Children and Families. FOIA It is important to note that substance abuse plays a significant role in criminal behavior among all people but may be of particular importance for people with mental illnesses [11, 13]. A model to help clarify how and where to best intervene with mentally ill people in the criminal justice system is known as the Sequential Intercept Model. Due to their life experience, they are uniquely qualified to perform the functions of the position. Additionally, defendants undergo medical screening by health care staff at the jail, which includes additional assessment of psychiatric functioning. One of the challenges to building a successful diversion program is the sheer variety of approaches that have been tried throughout the country, most often at the level of an individual county or even a single courtroom. RTI and the RTI logo are U.S. registered trademarks of Research Triangle Institute. They acknowledge that it is a preliminary proposal intended to stimulate further discussion and not a finished product. (Ref. The solid white arrows link components of the pre-arrest diversion program, while the broken red arrows show how the working group is avoiding undesirable outcomes of the traditional method of responding to calls for service that involve a person in mental health crisis. Additionally, several clinical factors (i.e., diagnosis, symptoms, and medication nonadherence) have been found to be predictive of arrest [10, 15]. In response to the bill, the advocacy group Disability Rights California stated that it opposes legislative efforts to expand involuntary mental health treatment to anyone who is not imminently dangerous to themselves or others, or gravely disabled.12 Of course, many states have AOT laws despite the opposition of such groups, so this is not necessarily an insurmountable barrier for EDCOT. If found legally appropriate and permission was secured from defense counsel, a clinical evaluation was conducted by an associated hospital and then by a community-based mental health program. Additional funding was secured from a local foundation to conduct a planning study of the mental health status and needs of individuals arrested and booked into the county jail, as well as the processes in place to link individuals to community-based services and supports. Peterson J. K., Skeem J., Kennealy P., Bray B., Zvonkovic A. What was not readily apparent, however, was the degree to which stakeholders were unwittingly contributing to and perpetuating the problem. Without sufficient resources available to provide for successful diversions, EDCOT would not be sustainable. Hazard functions of proportion of arrests of noncompleters versus completers by follow-up month. U.S. Department of Veterans Affairs Veterans Justice Outreach Program: Connecting Justice-Involved Veterans with Mental Health and Substance Use Disorder Treatment. Epub 2019 Apr 10. National Library of Medicine HHS Vulnerability Disclosure, Help Behav Sci Law. Program participants are monitored by CMHP for up to 1 year following community re-entry to ensure ongoing linkage to necessary supports and services. In the first 12 months after enrollment, this was reduced by 13 days to 15.82 days (t(129) = 1.97, p = .05). Grudzinskas AJ Jr, Clayfield JC, Roy-Bujnowski K, Fisher WH, Richardson MH. NC DHHS: Jail Diversion All participants must meet diagnostic and legal criteria.2 At the time a person is accepted into the felony jail diversion program, the state attorneys office informs the court of the plea the defendant will be offered contingent upon successful program completion. However, evidence was found that jail diversion initiatives can reduce the amount of jail time that persons with mental illness serve. Its follow-up period of up to 5 years was longer than most studies, which typically focus on the first 12 months and occasionally continue up to 24 months after diversion. This burdens the criminal justice system and fails to provide the person with adequate treatment. 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