Ever wonder why courts apply traditionally criminal-based recommendations when mental health care might benefit an individual. Well, California is instituting a new system of mental health courts to address this very concern. This new system is intended to focus on mental health care recommendations as opposed to applying criminal charges (e.g., prison time).
Similar systems already exist on a small-scale in many local court systems throughout the country. Many states have “drug courts”, for example. Those courts give individuals a chance to complete substance use or mental health treatment programs as an alternative to criminal sentences.
But California intends to roll out a large-scale statewide system. Under this system, a judge can decide if an individual meets certain criteria to be provided mental health care as an alternative to traditional sentencing. That judge can then oversee or compel the creation of a treatment plan to ensure the individual engages in treatment.
Pros: System utilizing mental health treatment alternatives for sentencing appear effective for certain situations or precursors to criminal activity. Research studies have found that already existing programs reduce repeat criminal offenses and violence in a few different samples. Anecdotes have also detailed multiple success stories associated with such programs.
Limits: Family members or first responders can recommend individuals for court mandated treatment. A judge can then rule whether to compel these individuals to engage in mandated mental health programs without having committed any offense. Many consider this possibility highly controversial, especially mental health advocacy and disability rights groups. These groups cite the effect the system may have on civil rights.
Whether one agrees with this system or not, it remains to be seen how it will play out in California. Like many things, California has no shortage of policy that some find controversial. But like so many other things, it will likely be a mixed bag: benefits of many shapes and sizes and downsides of the same. Time will reveal which are which.
