Mental Illness and the Criminal Justice System. Ashley Rogers, M.A. LPC

Transcription

1 Mental Illness and the Criminal Justice System Ashley Rogers, M.A. LPC

2 1. Dallas County Diversion Program options, components, and interventions 2. Outline of the Dallas County Court System and required collaboration between the mental health provider and the Courts 3. The outcomes - how are the programs successful?

3 Traditional Drug Courts DWI Courts MH/Co-Occurring Courts Family Courts Prostitution Courts Reentry Court Veterans Courts Juvenile Drug Courts 160 Specialty Courts in the State of Texas 13 Dallas County Adult Specialty Criminal Courts

4 WHAT ARE THE FELONY LEVELS AND PUNISHMENTS IN TEXAS? A state jail felony- confinement for a term not to exceed 180 days to two years in a state jail; and or a fine not to exceed $10,000. ( example: Credit Card Abuse, Unauthorized use of a motor vehicle, Reckless injury to a Child. A 3 rd degree felony confinement for a term from two to 10 years in prison ; and an optional fine not to exceed$10,000. ( example DWI 3 rd, Indecency with a child, Kidnapping, Possession of a firearm by a Felon.. A 2 nd degree felony is 2 to 20 years in the TDCJ Institutional Division, and a optional fine not to exceed $10,000. ( examples Aggravated Assault or kidnapping, Arson, Robbery, sexual assault. A 1 st degree felony is 5 years to 99 or life in prison and /or a $10,000 fine.( example Murder, Aggravated Kidnapping, Robbery or sexual Assault., Capital Crimes could be either death or life in prison. If the state does not seek the death penalty, upon conviction, the jury must answer the questions which may result in either sentence of life imprisonment or the death sentence. ( examples : murder during the commission of another felony such as kidnapping, rape or robbery.

5 Different Levels of Offenses At the Frank Crowley Court house, offenses are prosecuted at the lowest level of Class B misdemeanor up to the highest level of First Degree Felony. Examples of each type of offense and the possible ranges of punishment are as follows: Class B misdemeanor confinement for a term not to exceed 180 days in in the county jail: and or a fine not to exceed $2,000. (example DWI ( drunk driving ), Criminal Trespass, Theft by check $50to $500, evading arrest or detention. Class A misdemeanor confinement for a term not to exceed one year in the county jail; and or a fine not to exceed $4,000. ( example DWI 2 nd, Assault, Burglary of a vehicle, Unlawfully carrying a Weapon. Class C misdemeanor is essentially an offense similar to a traffic ticket where it s punishable by fine only of up to $500.

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7 Diversion programs are a collaborative effort between Metrocare Services and the County Court System to allow eligible clients, who have been arrested for a misdemeanor and/or some eligible felony offenses, to be released back into the community to participate in an intensive mental health program. Clients and their assigned clinicians are required to appear before the judge at least two times a month and clients must demonstrate participation in the recommended treatment plan along with progression through the phases of the court program. Successful completion of the program results in dismissal of the client's offense.

8 Misdemeanor Mental Health Court - Judge Kristin Wade/County Criminal Court APP1 ATLAS (Achieving True Liberty and Success) - Judge Teresa Hawthorne/ 203 rd Judicial District Court STAC (Successful Treatment of Addiction Through Collaboration) Judge Lela Mays/Magistrate Judge STAR(Strengthening Transistion and Recovery) - Judge Elizabeth Frizzel/Criminal District Court #7 DDC (Dual Diagnosis Aftercare Court) - Judge Jennifer Bennett/ 265 th Judicial District Court PRIDE (Positive Recovery Intensive Divert Experience) Judge Peggy Hoffman/County Criminal Court #9 OCR (Outpatient Competency Restoration) Judge Skemp

9 Judge Kristin Wade / County Criminal Court APP1 The Misdemeanor Mental Health Court was initiated on September 1, This is a true diversion court. Clients that successfully complete this 6 months program will have misdemeanor case dismissed by the Dallas County District Attorney s Office. This court and its assigned specialized community supervision officer works very closely with county mental health service providers to insure that all clients are participating in treatment and are regularly taking their medication as directed. The program is voluntary. The average census is 45 clients. Eligibility Requirements: Clients in this program must be pre-adjudication. Referral Process: Most referrals from this court come from the D.A s office. Referrals also come from the specialty court coordinator from the jail.

10 ADA & MHJDC Probation Officer Public Defender SPN & Release MHJDC and ADA review the BOT for Northstar matches. Those that meet Northstar and criminal criteria are placed on the jail chain. The client will complete an interview with the probation officer to determine appropriaten ess. Once approved the Public Defender will speak with the client to see if they are interested in the program. If client agrees to program, a SPN is assigned to complete an interview. Release is scheduled.

11 Judge Teresa Hawthorne / 203rd Judicial District Court The ATLAS Court was initiated on January 1, Clients accepted into this program must have a diagnosed mental health conditions issue and have a motion to revoke probation pending against them. This court works in very close partnership with the county mental health service treatment providers. Clients are monitored by specialized community supervision officers and mental health case managers to insure medication compliance, probation conditions and counseling attendance. The program length is 12 months with an average client census of 60 clients. Eligibility/Referral Requirements: Defendant must have a current FELONY CASE (Pre/Post Sentence) Pre-sentence cases must be recommended by the court Post-sentence must be in revocation status, or in court with a violation Must have a CATS (Comprehensive Assessment and Treatment Services) evaluation Clients must meet the criteria of Axis I Diagnosis and a willingness to work the program, which includes weekly reporting, weekly court appearances, SOP, IOP, and taking prescribed medication.

12 Probation CATS Approval SPN & Release Referrals come into probation from the field. Referrals can also come from the attorney. The client will complete an evaluation with CATS. CATS will make a recommendat ion and review with the judge. Once approved the Public Defender will speak with the client to see if they are interested in the program. If client agrees to program, a SPN is assigned to complete an interview. Release is scheduled.

13 Judge Lela Mays / Magistrate Judge The STAC Court was initiated in February 1, Clients are assigned to court after having successfully completed six months of inpatient treatment for substance abuse at the Dallas County Judicial Treatment Center in Wilmer, Texas. All clients receive an in-depth clinical assessment prior to their treatment. This re-entry court promotes sobriety through the assistance of intensive outpatient treatment, supportive outpatient treatment, individual counseling, probation supervision and the twelve step recovery program. The program is months with an average census of 350 participating clients. Eligibility Requirements: The Dallas County Judicial Treatment Center (JTC) is a post adjudication Drug Court which integrates therapeutic judicial oversight, specialized aftercare treatment and multi-disciplinary case management to persons placed on Felony Probation in Dallas County. Referral Process All clients coming into STAC Court must be referred directly from Phoenix House residential treatment facility, after successful completion of the program.

14 Judge Elizabeth Frizell/Criminal District Court #7 The STAR Court was initiated on July 1, Participants accepted into this program are women, adjudicated for felony prostitution and placed on probation. Clients either complete treatment at the Dallas County Judicial Treatment Center, the Dallas County Dual Diagnosis Center or the state prison SAFPF program. Specialized community supervision officers provide for very regular supervision and case management. Outpatient treatment is provided if indicated via diagnosis and clinical assessment. Local contracted residential treatment programs provide the anchor to community based drug, alcohol and mental health treatment. The program is months with an average census of 35 clients. Eligibility Requirements: To participate in STAR court the client must: Live in Dallas County Have been charged with prostitution 3rd or more Be willing to leave sexually oriented businesses Must have a CATS recommendation. If your client has an assaultive history her participation in Star court will be determined on a case by case basis.

15 Judge Jennifer Bennett/ 265th Judicial District Court The Dual Diagnosis Court was initiated on May 1, All clients have a clinical assessment diagnosing a mental health condition. Clients accepted into this program complete inpatient treatment for 90 days at the Dual Diagnosis Center at the Dallas County Judicial Treatment Center in Wilmer, Texas. Upon completing residential treatment all clients are then referred to this unique re-entry court. Once in the court, the probation officer and assigned case managers will work with the client to maintain their medication regimen and address their ongoing substance abuse issues. The court works in partnership with Metrocare Services of Dallas. The program is 6-9 months with an average census of 180 clients. Eligibility Requirements: The Dallas County Dual Diagnosis Court (DDC) is a post adjudication problem-solving court which integrates therapeutic judicial oversight, specialized treatment and multi-disciplinary case management to persons placed on Felony Probation in Dallas County who ALSO have been diagnosed with a co-occurring disorder. Referral Process: All clients coming into the Dual Diagnosis Court must be referred directly from the Phoenix House residential Dual Diagnosis Treatment facility, after successful completion of the program.

16 Judge Peggy Hoffman / County Criminal Court #9 The PRIDE Court was initiated on February 1, Female clients, arrested for misdemeanor prostitution, are referred through the program through general jail review and from the Dallas Police Department s Prostitution Initiative and/or thru the misdemeanor courts. The court and the specialized community supervision officer assigned, work closely with the drug, alcohol and mental health providers within the county to provide for treatment services for participating clients. This program ranges form 6-9 months and is designed to maintain an average census of 35 clients. Eligibility Requirements: Clients referred to this court must be pre-adjudication Cannot have a Felony prostitution conviction

17 Judge Doug Skemp/ ICR/OCR County Criminal Court #3 The OCR Court was initiated in 2007 after important legislation passed. Competency restoration is defined by the court as the treatment process for restoring one s ability to consult with his or her attorney with a reasonable degree of rational understanding, and a rational and factual understanding of the proceedings against them. Eligibility Requirements and Referral Process is more complicated for this court. See additional explanation to follow.

18 A need for a competency evaluation is identified if; The defendant is unable to cooperate with their legal counsel to make rational decisions in their defense. The defendant does not have a factual and/or rational understanding of legal process.

19 Once a need for a competency evaluation is identified, the following steps occur The judge issues an order for a competency evaluation. The order gets sent to the forensic psychologist who has been requested to complete the evaluation. (Dr. Pittman, Dr. Clayton or Dr. Compton). The doctor completes the evaluation and makes a recommendation for inpatient competency restoration (ICR) or outpatient competency restoration (OCR).

20 The client is assigned to one of the Clinic s who will interview them for OCR Once accepted, the Clinic completes a treatment plan for the defendant and the Judge meets the defendant to discuss the expectations of the defendant while in the OCR program. The competency coordinator coordinates the release from jail to the Clinic and the defendant is expected to report to court monthly for felony cases and bi-monthly for misdemeanor cases.

21 A competency hearing to order inpatient treatment is completed Once the hearing is complete, a packet gets submitted to the clearinghouse to determine which hospital the defendant should go to. Once the packet has been received, the defendant gets put on a list and must wait until a hospital bed becomes available.

22 Each specialty court is assigned a Qualified Mental Health Professional who carries a caseload of individuals. Interdisciplinary Treatment Team meetings are held weekly in conjunction with the court to provide comprehensive treatment and monitoring of the progress and challenges the individuals are experiencing Individuals are provided with intensive case management, mental health and/or substance abuse counseling, psychiatric evaluation and treatment including medication services and management, community resource linkage, along with housing and education assistance Individuals are provided same day services with a prescriber when being released from jail for a mental health assessment and medication services.

23 Our programs are funded through TCOOMMI (Texas Correctional Office on Offenders with Medical and Mental Impairments) and Northstar/Value Options We are able to provide same day psychiatric services to individuals with no waiting period because of our partnership with Northstar and TCOOMMI Ongoing dialogue, accountability, and collaboration between service providers and the court. Active participation in a monthly steering committee collaborative along with spear heading a sub-committee specifically for the specialty divert programs

24 Metrocare Services Special Needs Offenders Program (SNOP) 3330 S. Lancaster Road/Annex Building Dallas, TX Sherri Lockhart, CM V Ashley Rogers, CM IV ashley.rogers@metrocareservices.org