Diversion of People with Mental Health Needs from Jail

The Role of Mental Health Courts in System Reform (Jan. 2003) Jail Diversion 2006 MIOTCRA grantees (PDF) List of Bureau of Justice Assistance grant program SAMHSA jail-diversion grantees Application for SAMHSA jail-diversion grants, accepted until March 27, 2007

News

SAMHSA announces funds for jail diversion programs
May 21, 2002 -- Approximately $3 million in funding will be available to fund grants to divert persons with mental illness from the criminal justice system to community based mental health and allied social and supportive services. Up to 10 grants will be funded, with an average cost of no more than $300,000 for up to 3 years. One grant for $1million will be made to address the technical assistance and policy analysis needs of grant recipients and mental health stakeholders. Applications are due by June, 19th. For more information contact Pat El-Hinnawy, 301-443-3814. Program announcement No. SM 02-010, GFA No. SM 02-010, www.SAMHSA.gov , 1-800-789-2647 to apply. (SAMHSA e-news, 4/30/02). Get more information...

Jail Diversion Programs Authorized
A new jail diversion grant program to be administered by the Center for Mental Health Services has been authorized, but not yet funded, with the passage of an omnibus child health bill, H.R. 4365 (see Bazelon Center legislative update of October 4, 2000). The legislation was signed by the President on October 17, 2000, as Public Law Number 106-310.

The grant program would provide for up to 125 grants to states or localities, equitably distributed throughout the country, to develop and implement programs to divert individuals with a mental illness from the criminal justice system to community-based services. Grant applicants would need to demonstrate that the diversion program will be integrated with existing systems of care and that collaboration has occurred between the systems (criminal justice, mental health and substance abuse). They must also show that state-of-the-art community-based mental health services will be available to diverted individuals, including case management, assertive community treatment, medication management and access, integrated mental health and co-occurring substance abuse treatment, and psychiatric rehabilitation. These services must be coordinated with social services, including life-skills training, housing placement, vocational training, education, job placement and health care.

Furthermore, all applicants would have to describe how they will evaluate the program. Since the federal grant funds (up to 75% of program cost) can be used only to supplement existing state and local resources, the applicant must demonstrate that it could not fund such a program without federal assistance, and must show plans to obtain support to sustain the program after federal funding has expired.

These grants could also be used to fund several activities that complement jail diversion programs, including:

• creation or expansion of community-based mental health and co-occurring mental illness and substance abuse services to accommodate the diversion program;
• integration of the diversion program into an existing system of care;
• training for professionals involved in the system of care as well as law enforcement officers, attorneys and judges; and
• the provision of community outreach and crisis intervention services.

The statute requires CMHS to issue regulations and implementing guidelines and to consult with the Department of Justice. CMHS can provide technical assistance and training to assist with the development and operation of these jail diversion programs. The statute authorizes $10 million to be appropriated for fiscal year 2001 and additional sums for 2002 and 2003. Although Congress did not provide funds for this program in fiscal year 2001, $4 million was appropriated for fiscal 2002.

Mental Health Court Legislation Passes Congress
Legislation to establish up to 100 demonstration mental health courts was signed by President Clinton on November 13 (Public Law 106-515), "America's Law Enforcement and Mental Health Project," authored by Senator Mike DeWine (R-OH).

This program would provide dollars to states and municipalities to divert individuals with a mental illness, mental retardation or co-occurring mental illness and addictive disorder who are charged with misdemeanors or non-violent offenses into treatment. The choice to accept services must be voluntary and services must be furnished in the least restrictive manner appropriate. The mental health court would monitor the treatment plan for compliance for a period not to exceed the potential jail probationary term and would coordinate the delivery of services.

Under the mental health court, the judicial supervision may not extend beyond the maximum allowable sentence or probation for the charged or relevant offense. "Successful" completion of treatment cold result in the dismissal of charges or reduced sentencing. Centralized case management would coordinate the mental health treatment plan and social services, such as life-skills training, housing and job placement, and relapse prevention for those requiring such services. The centralized management would also result in consolidation of any previous cases, including probation violations that the defendant may have pending.

Training on identifying and understanding the needs of individuals with a mental illness or mental retardation would also be provided to law enforcement and judicial personnel.

The Bureau of Justice Assistance (BJA) in the Department of Justice would administer this program if Congress appropriates funds. In doing so, it is required to consult with the Department of Health and Human Services. It must also issue regulations and guidelines, and ensure evaluations of the court programs.

States and municipalities applying for these grants would have to include in their application:

• long-term strategy and detailed implementation plan;
• identification of related governmental or community initiatives that complement or will be coordinated with the proposal;
• certification that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program;
• certification that there has been appropriate consultation with all affected agencies, including the state mental heath authority, and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the state mental health authority;
• a description of the methodology and outcome measures that will be used in evaluating the program;
• certification that participating first time offenders without a history of a mental illness will receive a mental health evaluation; and
• any other requirement specified by BJA.

As with the jail diversion programs authorized for the Center for Mental Health Services, the federal grants would generally not exceed 75% of program cost and could only be used to supplement existing state and local resources. The applicant must also demonstrate the inability to fund such a program without federal assistance, and show plans to obtain relevant support to sustain the program after federal funding expires.

The BJA would also have the discretion to provide technical assistance and training to carry out the Act. The statute authorizes $10 million for each of the fiscal years 2001-2004. Like the jail diversion program, mental health courts did not receive federal funds for fiscal year 2001. However, $4 million was appropriated for fiscal 2002.