Module 1: Understanding Mental Health Courts

Policy and Practice Guides

Lisa Callahan and Heathcote W. Wales, “Mental Health Courts Research Roundup: Applying Research to Practice.” This March 2013 webinar provides an overview of emerging research on mental health courts and its implications for selecting target populations, collecting data, sustaining programs, and more.
Available here

Dottie Carmichael et al., Representing the Mentally Ill Offender: An Evaluation of Advocacy Alternatives (Austin, TX: Texas Task Force on Indigent Defense Office of Court Administration, 2010).  In 2008, The Texas Task Force on Indigent Defense began a two-year evaluation of mental health public defenders and mental health courts in Texas. This publication gives an overview of the evaluation, including research findings and recommendations for policy.
Available here

Mikel Chavers and Hallie Fader-Towe, “Judges Find Hope in Different Approach For People With Mental Illness,” Capitol Ideas, 2010. n.d. This article explores the prevalence of mental illness in the court system and the potential benefits of mental health courts.
Available here

The Council of State Governments Justice Center, A Guide to Mental Health Court Design and Implementation (New York: CSG Justice Center, 2008). This guide explains critical issues such as determining whether to establish a mental health court, defining the target population, ensuring confidentiality, sustaining the program, and other key considerations.
Available here

The Council of State Governments Justice Center, Behavioral Health Diversion Interventions: Moving from Individual Programs to a Systems-Wide Strategy (New York: CSG Justice Center, 2019). This policy brief describes key components to developing a systems-wide diversion strategy and focuses on the fundamental agencies within the criminal justice system that can lead the implementation of diversion interventions, with the goal of diverting people with mental illness from the justice system and into community-based treatment and support services.
Available here

The Council of State Governments Justice Center, FAQ: A Look into Jail-Based Behavioral Health Diversion Interventions (New York: CSG Justice Center, 2020). This fact sheet answers some common questions from people who may want to invest in jail-based diversion, such as why set up this type of intervention, who can implement it, what are some common best practices, and where and what can people be diverted to?
Available here

The Council of State Governments Justice Center, FAQ: A Look into Court-Based Behavioral Health Diversion Interventions (New York: CSG Justice Center, 2020). This fact sheet answers some common questions from people who may want to invest in court-based diversion, such as why set up this type of intervention, who can implement it, what are some common best practices, and where and what can people be diverted to?
Available here

The Council of State Governments Justice Center, Mental Health Courts: A Primer for Policymakers and Practitioners (New York: CSG Justice Center, 2008).  This primer provides a general overview of this program model and discusses the emergence of mental health courts, their objectives and procedures, how they differ from drug courts, and a number of other key issues.
Available here

Hallie Fader-Towe and Fred C. Osher, Improving Responses to People with Mental Illnesses at the Pretrial Stage: Essential Elements (New York: CSG Justice Center, 2015). This report introduces essential elements for responding to people with mental illnesses at the pretrial stage, including decisions about pretrial release and diversion. These elements encourage data collection not only to help individual communities, but also for future researchers who are dedicated to these important questions.
Available here

Gregg Goodale, Lisa Callahan, and Henry J. Steadman, “What Can We Say About Mental Health Courts Today?” Psychiatric Services 64 (2013): 298-300. This article summarizes evidence of the effectiveness of mental health courts, presenting findings from a recent study of 346 adult and 51 juvenile mental health courts operating around the country.
Available here

Mark R. Munetz and Patricia A. Griffin, “The Sequential Intercept Model” (Troy, NY: Policy Research Associates). The CMHS National GAINS Center. n.d. The Sequential Intercept Model provides criminal justice and behavioral health professionals with a framework to aid in the organization of treatment strategies for people with mental illnesses involved in the criminal justice system.
Available here

National Drug Court Resource Center (NDCRC): The NDCRC is the drug court resource center of the National Drug Court Institute (NDCI).
Available here

Fred Osher et al., Adults with Behavioral Health Needs under Correctional Supervision: A Shared Framework for Reducing Recidivism and Promoting Recovery (New York: CSG Justice Center, 2012). This publication introduces criminal justice and behavioral health practitioners to an evidence-based framework for prioritizing scarce resources based on assessments of individuals’ risk of committing a future crime and their treatment and support needs.
Available here

Policy Research Associates, Inc. Practical Advice on Jail Diversion (Delmar, NY: 2020). This publication offers guidance to communities interested in developing jail diversion programs, including recommendations for design and implementation.
Available here

Seth J. Prins and Fred C. Osher, Improving Responses to People with Mental Illnesses: The Essential Elements of Specialized Probation Initiatives (New York: CSG Justice Center, 2009). This publication identifies ten key components found in successful initiatives to improve outcomes for people with mental illnesses under probation supervision.
Available here

Seth J. Prins and Laura Draper, Improving Outcomes for People with Mental Illnesses under Community Corrections Supervision: A Guide to Research-Informed Policy and Practice (New York: CSG Justice Center, 2009). This guide reviews research on community corrections supervision for people with mental illnesses and translates the findings to help officials develop effective interventions. It also helps program planners and policymakers apply research on promising practices to improve outcomes for people with mental illnesses under community corrections supervision.
Available here

Melissa Reuland, Laura Draper, and Blake Norton, Improving Responses to People with Mental Illnesses: Tailoring Law Enforcement Initiatives to Individual Jurisdictions (New York: CSG Justice Center, 2010). This publication explores the program design process, including detailed examples from several communities across the country. It is meant to assist leaders of initiatives and agents of change who want to select or adapt program features from models that will be most effective in their communities.
Available here

Matt Schwarzfeld, Melissa Reuland, and Martha Plotkin, Improving Responses to People with Mental Illnesses: The Essential Elements of a Specialized Law Enforcement-Based Program (New York: CSG Justice Center, 2008). This publication articulates ten essential elements for specialized law enforcement-based response programs in interacting with people with mental illnesses and provides a common framework for program design and implementation that will promote positive outcomes while being sensitive to jurisdictions’ distinct needs and resources.
Available here

Michael Thompson, Fred C. Osher, and Denise Tomasini-Joshi, Improving Responses to People with Mental Illnesses: The Essential Elements of a Mental Health Court (New York: CSG Justice Center, 2008). This publication outlines ten elements essential to mental health court design and implementation and provides guidance on how courts can incorporate these elements.
Available here