Pretrial Court Diversion of People with Mental Illness

Abstract

Court diversion is a method of administering justice compassionately for persons with mental illness (PMI). Evidence-based practices of this intervention were identified by reviewing the existing literature. Findings suggest that: (a) formal case finding procedures are important for the early identification of mentally ill offenders in need of services, (b) stable housing enhances the possibility that the divertee will remain in regular contact with her or his treatment provider, and (c) active case management improves compliance and reduces the likelihood of recidivism. In summary, research has not yet yielded generalizable knowledge about diversion and thus, it is suggested that evaluations should involve well-defined indicators, benchmarks, and outcomes.

Reducing Recidivism and Symptoms in Emerging Adults with Serious Mental Health Conditions and Justice System Involvement

“…Though there is debate about whether treatment of SMHC contributes to reduced recidivism (e.g., 35–37 ), there is little debate about the appropriateness of ensuring that offenders with SMHC receive good MH treatment as part of pre- or post-plea court diversion, 38,39 or as part of justice system community supervision. 40 Further, malleable risk factors for offending among those with SMHC are similar to those in the general population including school failure, 41–45 alcohol and substance use, 41–47 unemployment, 46 poverty, 36 and homelessness.…”

Legal and extralegal factors in attorney recommendations of pretrial diversion

“…Diversion initiatives target offenders charged with theft, prostitution, driving while impaired (DWI), 1 domestic assault, and those who have substance abuse or mental health problems associated with criminal behavior (Clark & Henry, 2003;Fields, 1994;Hartford, Carey, & Mendonca, 2007;Harvey, Shakeshaft, Hetherington, Sannibale, & Mattick, 2007;James, 2006;Shafer, Arthur, & Franczak, 2004;Steadman, Morris, & Dennis, 1995;Sullivan et al, 2007;Swaminath, Mendonca, Vidal, & Chapman, 2002;Thompson, Reuland, & Souweine, 2003;Toborg, Yezer, & Carver, 1991). This is due primarily to the high level of support among county or district court attorneys that diversion garners for these types of offenses (Potter & Kakar, 2002).…”

Reducing the incarceration of the homeless : an examination of multi-service use and the utilization of institutional services.

“…Many have suggested that the deinstitutionalization movement has lead to the increased trend to process the mentally ill through the criminal justice system instead of being hospitalized (A bramson, 1972;Baillargeon et al, 2010;Green, 1997;Hartford, Carey & Mendonca, 2007;Perez et al, 2003;Slate & Johnson, 2008). This phenomenon is often referred to as the "criminalization of mentally disordered behavior" (Abramson, 1972;Baillargeon et ai., 2010;Green, 1997;Hartford et ai., 2007;Perez et ai., 2003;Slate & Johnson, 2008).…”

“…The use of evidence based practice is likely most influential in how the criminal justice system responds to certain populations of offenders, such as those who are homeless, mentally ill, or addicted to substances (Golder et aI., 2005;Hartford, et …”

“…One area where there has been significant evidence based research has been in pre-conviction diversion programs for individuals with mental illness (Broner, Lattimore, Cowell & Schlenger, 2004;Cowell, Lattimor & Krebs, 2010;Hartford et al, 2007;Lamberti et aI., 2004';Perez et aI., 2003;Munetz & Griffin, 2006;Steadman & Naples, 2005;Vaughn et aI., 2007;Weedon, 2005;Vee, 2000). According to Siegel (2009), "diversion programs are designed to remove offenders from the normal channels of the criminal justice system by placing them in programs designed for rehabilitation" (p. 219).…”