| BROOKLYN, NY - Brooklyn Mental Health Court - the first
court in New York dedicated to the handling of non-violent cases of defendants
with serious, persistent mental illness, such as schizophrenia or bipolar
disorder - officially opens today with visits by state and local officials.
The goal of the court is to provide mentally ill defendants with the support
and structure they need to avoid further criminal behavior. Balancing public
safety with the treatment needs of defendants, the court features rigorous
judicial monitoring, enhanced accountability, continuity, and increased
coordination and communication between the criminal justice and mental
health systems.
The Brooklyn Mental Health Court operates out of a dedicated courtroom
in Kings County Supreme Court. Participation in the program is voluntary
for cases screened eligible for the court and is based on a plea of guilty
from the defendant, who agrees to a course of treatment in lieu of incarceration.
The sentence is then deferred until the defendant demonstrates successful
long-term compliance with a stringent court-mandated treatment program
and other conditions, at which time the charges are either reduced or dismissed.
The Brooklyn Mental Health Court follows the successful model of existing
problem-solving courts in New York, such as drug treatment courts and specialized
domestic violence courts, featuring the operating principles outlined below:
Screening and Assessment: Detailed psychosocial assessments of defendants
and individualized treatment plans that match defendants to appropriate
mental health, housing and other social services.
Judicial Monitoring: Regular and frequent court appearances to
report to the judge and case managers on treatment progress, impressing
upon the defendant the seriousness of the process.
Accountability: Graduated sanctions and rewards to respond to
the defendant's compliance or non-compliance in treatment, with regular
monitoring of treatment also keeping service providers accountable to the
judge.
Coordinated Services: Cooperation with a broad network of government
and not-for-profit service providers to address interrelated problems that
defendants face, including substance abuse, homelessness, joblessness,
and serious health problems.
Chief Judge Judith S. Kaye stated, "We have all heard the attention-grabbing
headlines about crimes committed by mentally ill persons against average
citizens while on their way to work, on a subway platform or in the streets.
When mental illness is a factor in lawlessness and that fact is ignored,
the result can be an unproductive recycling of the perpetrator through
the criminal justice system time and again, with dire consequences to us
all. Judges are now confronted with an unpalatable choice in these cases:
either release the defendant back on to the streets to the peril of the
community, or incarceration - often a way station to more severe illness,
anti-social behavior and criminal activity. The Brooklyn Mental Health
Court offers a third option, providing mentally ill individuals with the
specialized attention they so desperately need, while at the same time
protecting public safety. I would like to thank James Stone, commissioner
of the New York State Office of Mental Health - a very special and important
partner in this project - as well as Brooklyn District Attorney Charles Hynes
and the Brooklyn defense community for their support and contributions
to this vital new court."
"A recent study showed that 25 percent of defendants arraigned
in Brooklyn suffered from a serious psychiatric disorder, and as many as
15,000 people in New York City jails are treated for serious mental disorders
while incarcerated" noted Chief Administrative Judge Jonathan Lippman.
"These statistics highlight the fact that mental illness is a reality the
courts cannot ignore. Dedicating a court to the exclusive handling of cases
involving mentally ill defendants, where the underlying psychosis driving
the crime can be addressed, will make for more effective, long-term resolutions
and lead to a reduction in the recidivism of defendants. The Brooklyn Mental
Health Court will help ensure that those mentally ill defendants who do
not pose a threat of violence receive effective treatment that gets them
out of the criminal justice system once and for all."
Kings County District Attorney Charles J. Hynes said, "The Mental Health
Court is an idea whose time has come. As we have proven, with our highly
successful DTAP (Drug Treatment Alternative to Prison) and TADD (Treatment
Alternative to Prison for Dually Diagnosed Defendants) programs, it is
possible to provide certain defendants with needed treatment while, at
the same time, ensuring the safety of the community."
The Brooklyn Mental Health Court is being developed as a joint project
of the New York state court system, the New York State Office of Mental
Health and the Center for Court Innovation - the court system's research
and development arm. The Office of Mental Health has provided $465,000
in funding to date. Other government and nonprofit partners involved in
planning the Mental Health Court include the Kings County District Attorney's
Office, The Legal Aid Society, the Brooklyn Defenders Service, the New
York City Department of Mental Health, and numerous representatives of
the mental health treatment community. The New York Community Trust, the
United Hospital Fund and the Ittleson Foundation have also provided support
for this project.
Justice Matthew J. D'Emic is the Presiding Judge of the Brooklyn
Mental Health Court
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