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The Bronx and Brooklyn have had mental health courts for three years, according to the New York State Office of Mental Health (NYSOMH) 2005-2009 Comprehensive Plan for Mental Health Services. Nationwide, the number of mental health courts has grown rapidly; there was one in 1997 and now there are over 100.

The idea behind the mental health court is that a consumer who has committed a misdemeanor or low-level felony has her/his charges dropped if she/he successfully completes a court-ordered and court-supervised treatment program. Mental health courts have the power to get all interested parties under one roof: social workers, doctors, housing authorities, advocates, and family members. Courts have the power to order and monitor treatment. The consumer who fails may be incarcerated later. The problem with mental health courts is that they only help a fraction of consumers and participants are still dealt with by the criminal justice system.

According to the NYSOMH, in order to have their cases heard in the mental health court, consumers must have a diagnosis of schizophrenia, schizo-affective disorder, bipolar disorder, or major depression; violent offenders and sex offenders are excluded. The goal of mental health courts is to keep consumers out of jail/prison, to provide treatment to people who need it, and to reduce criminal activities.

Mental health courts have received praise from judges, social workers, advocates, consumers, and the general public. Initial program evaluations have found that mental health courts have met their goals. According to the NYSOMH, in 2004 the Substance Abuse and Mental Health Services Administration found the Bronx mental health court to be successful because the Bronx mental health court participants had decreased substance use, decreased symptoms, interacted less with the criminal justice system, and were more likely to use mental health services.

The real question still remains: are mental health courts helping consumers or hurting them? Certainly those consumers who bypass long-term incarceration for treatment benefit. More serious criminals, however, are weeded out. In the Brooklyn mental health court, nearly 2/3 of all people referred to the mental health court did not qualify to participate. In fact, according to the NYSOMH, the Brooklyn mental health court has processed only 114 consumers since it began in 2002. There aren’t very many consumers being dealt with by mental health courts. The crimes that they are charged with might have been dealt with informally such as the police deciding to drop charges. In some cases, consumers bypass a few nights in jail only by promising to comply with a treatment plan that may last a year. This “diversion” can result in much longer court supervision than if the consumer had been found guilty in a traditional court, according to Heather Barr, a lawyer and advocate who had been with the Urban Justice Center.

The real sorrow is that if a sufficient mental health system were already in place there would be little need for the mental health court plan. Consumers should not have to be arrested and referred to a mental health court to get effective treatment.

Mental health courts have proven to be successful and will continue to operate. Few consumers will qualify for participation. Some consumers will be lucky enough to forego incarceration by participating in a mental health court, but other consumers will receive more supervision than they would otherwise. The main focus of government officials, however, should be providing mental health treatment, housing, and job support in the community before a person is arrested. Keeping consumers out of the criminal justice system should be the goal, according to Heather Barr. Mental health courts are still courts and are still part of the criminal justice system.