INSIDE: CSG Justice Center Expert Weighs in on Mental Health Courts; DOJ/HHS Guidance on Emergency Response to People with Disabilities; Update on Recent JPLI Trainings; and more. | |
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When searching for an expert to tap for an article on mental health courts, the American Bar Association (ABA) knew where to go: to Director of Justice and Health Initiatives Hallie Fader-Towe from The Council of State Governments (CSG) Justice Center. The article, for members of the ABA’s Commission on Disability Rights, describes mental health courts as offering an alternative for people with mental illnesses or co-occurring substance use disorders in the criminal justice system. These specialized courts, now numbering almost 500 nationwide, work to reduce recidivism and improve lives through treatment-focused programs. They feature dedicated, multidisciplinary teams of professionals in the law—including judges, defense attorneys, district attorneys, probation officers, and others—and in behavioral health, such as psychiatrists, case managers, and social workers.
However, a court does not need a special mental health docket to make a positive difference in the life of a person with behavioral health issues who is involved with the criminal justice system. Fader-Towe, an attorney, points out, “There are things every court can do to identify mental health needs and connect people to appropriate treatment and supports, even outside participating in a specific program.”
She challenges the justice system to think bigger: All courts can implement practices to address mental health needs and ensure timely access to critical services. Moving forward, this perspective and call to action could reshape how the justice system approaches mental health beyond specialized programs.
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George Woods, MD, Felton Institute Board Chair, Oakland, CA
The career focus of Dr. George Woods, a psychiatrist in Oakland, California, has spanned a wide range of ages and topics, from infancy (fetal alcohol spectrum disorder) to older adults (cognitive impairment), while he has also maintained a forensic and civil practice.
Dr. Woods was appointed the medical expert to the San Francisco District Attorney Post Conviction Innocence Commission in 2020 after serving as president of the International Academy of Law and Mental Health from 2015 through 2017. He is a Life Fellow of the American Psychiatric Association. In addition, he has taught at Morehouse School of Medicine and has been a lecturer at Berkeley Law–University of California, teaching Mental Health and the Law for nine years.
Dr. Woods has been involved with the Judges and Psychiatrists Leadership Initiative (JPLI) in multiple ways, including advising on and assisting with the training curriculum content on substance use disorders. He also served on the nominating committee for the Judge Stephen S. Goss Memorial Award for Leadership in 2024.
Learn more about Dr. Woods here.
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Collaboration between the court system and the behavioral health system is essential for improving outcomes for people with mental health and substance use disorders. Cross-training can help professionals in both systems do the following: (1) better understand how to make connections to community-based care, (2) improve the timeliness of proceedings in a competency case, (3) achieve the best possible health outcome for the person involved, and (4) ensure that dispositions include appropriate care and supports. | |
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Publications, Resources, and Support | | |
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DOJ/HHS Guidance for Emergency Responses to People with Behavioral Health or Other Disabilities
Too often, police officers are sent to respond to people in behavioral health crisis, when a behavioral health expert would have better met their needs. Guidance from the Departments of Justice (DOJ) and Health and Human Services (HHS) interprets the Americans with Disabilities Act and clarifies that federal law requires that people with behavioral health needs and other disabilities receive a health response, rather than a justice response, when they are experiencing a behavioral health crisis. The DOJ/HHS guidance reinforces the need for states and communities to establish and align their crisis services. It points to the following to support crisis response efforts that minimize contact with law enforcement and reduce harm to individuals and communities by:
- Building a comprehensive crisis system that supports and addresses behavioral health needs;
- Emphasizing the importance of community-based mental health and substance use disorder services—where behavioral health professionals are the first or co-responders to a 911 call; and
- Offering strategies for funding and sustaining comprehensive crisis systems.
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Implementing the Medicaid Reentry Waiver in California
California is the first state to receive approval from the Centers for Medicare and Medicaid Services (CMS) for a Medicaid Section 1115 demonstration request to amend Medicaid’s inmate exclusion. This brief provides insight and learning for other states based on California’s experiences.
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Recent and Upcoming JPLI Trainings | |
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Judicial Work at the Interface of Criminal Justice and Behavioral Health
To align with recommendations from the Conference of Chief Justices/Conference of State Court Administrators on judicial education in behavioral health topics, this training helps judges understand what is important to know when making decisions involving people with behavioral health issues. To set the foundation, the session begins with an overview of common mental health and substance use disorders that judges encounter in the courtroom. Trainers will present case studies involving people with a wide range of mental health, substance use, and legal issues. The format will be interactive to help participants apply skills demonstrated throughout the training; it will feature recommendations on interactional approaches and will explain strategies to help increase positive outcomes. The session will also cover systemic issues related to mental health, substance use, and criminal justice, such as access to care, the right level of care, equity, and evidence-based practices. Approaches to improve a court system’s response to people with mental health issues will be discussed as well.
October 25, 2024
Iowa Fall Judicial Conference, Des Moines, Iowa
Judge Patrick Mcelyea and Dr. Elizabeth Homan-Sandoval
October 25, 2024
Alaska Court Systems Annual Conference, Anchorage, Alaska
Judge Josie Garton and Dr. Nicole Fox
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The Judges and Psychiatrists Leadership Initiative is a partnership of the CSG Justice Center and the American Psychiatric Association Foundation, funded by Janssen Charitable Contributions to create a community of judges and psychiatrists, increase the reach of trainings, and develop educational resources. | |
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