Beyond the “Revolving Door?”: Incentives and Criminal Recidivism in a Mental Health Court:
07 Jun 2017-Criminal Justice and Behavior (SAGE PublicationsSage CA: Los Angeles, CA)-Vol. 44, Iss: 9, pp 1141-1162
TL;DR: In this article, a mixed-methods approach was used to evaluate the effectiveness of one specialized mental health court (MHC) on different measures of criminal recidivism with logistic regression, event history analysis, and negative binomial regression.
Abstract: Specialized mental health courts (MHCs) address the growing problem of defendants with mental illness cycling through the criminal justice system. Employing a mixed-methods approach, this article explores if MHCs can slow the “revolving door” of criminal justice involvement. We use quantitative data to evaluate the effectiveness of one MHC on different measures of criminal recidivism with logistic regression, event history analysis, and negative binomial regression. Modeling strategies report that graduates of MHC, defendants offered a dismissal of criminal charges, and defendants who maintained the same noncrisis mental health treatment while in court as they had prior to court had lower odds of new criminal charges, a longer time to a new criminal charge, and fewer new criminal charges. Qualitative data—court observations and interviews—suggest that providing incentives for program compliance, connecting defendants to planned mental health treatment services, and court completion are central to reducing...
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01 Jan 2014
TL;DR: This paper used a mixed-method approach to examine focal concerns in a mental health court (MHC) and found that gender and length of time in court influence the court's contextualization of noncompliance.
Abstract: Sociologists have long-raised concern about disparate treatment in the justice system. Focal concerns have become the dominant perspective in explaining these disparities in legal processing decisions. Despite the growth of problem-solving courts, little research has examined how this perspective operates in nontraditional court settings. This article used a mixed-method approach to examine focal concerns in a mental health court (MHC).
Observational findings indicate that gender and length of time in court influence the court's contextualization of noncompliance. While discussions of race were absent in observational data, competing-risk survival analysis finds that gender and race interact to predict MHC termination.
34 citations
TL;DR: In the year after leaving prison, men and women with mental health problems reported worse health indicators and less satisfactory social factors, such as employment, housing, and family support.
Abstract: Men and women exiting the correctional system represent a population at high risk for mental health problems, and the body of research on the mental health needs of former prisoners is growing. The...
22 citations
Cites background from "Beyond the “Revolving Door?”: Incen..."
...While more randomized controlled trials are needed, initial evidence suggests that MHCs have the capacity to be effective in reducing recidivism (kim, Becker-Cohen, & Serakos, 2015; Rossman et al., 2012; Sarteschi, Vaughn, & kim, 2011; Snedker et al., 2017)....
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TL;DR: This paper examined the factors that influence judicial sanctioning of probationers for non-compliance in a domestic violence court and found that drug use, missed treatment sessions, gender, race, and family status influenced sanctioning decisions.
Abstract: Prior literature on judicial decision-making post-sentencing is relatively scarce, yet with the growth of problem-solving courts and offenders placed on probation, judges are responsible for overseeing compliance of offenders beyond traditional decision-making points. More recently, scholars have called for more nuanced methods of examining judicial decision-making, disparity, and attribution than traditional quantitative methods. This study examines the factors that influence judicial sanctioning of probationers for non-compliance in a domestic violence court. The following research questions are examined: Which factors predict whether a probationer is sanctioned for non-compliance? What are the discourses utilized to frame these violations? Are there differences in discourses utilized based upon a probationer’s race? This study combines participant observation of probation review hearings with agency records for a mixed-methods examination of which factors influence the decision to sanction non-compliant probationers, and whether differences emerge based on race. The sample included 350 cases of probation review hearings with 100 cases selected for critical discourse analysis. Results demonstrated that drug use, missed treatment sessions, gender, race, and family status influenced sanctioning decisions. Qualitative results demonstrated that judges evaluate probationers based upon contextual information, which at times relies on racial discourses of drug use and responsibility.
6 citations
TL;DR: A qualitative research group interview design was conducted with program graduates resulting in a three stage model and participant’s motivation was initially to avoid jail, but over time participants begin to make intentional choices leading to mental health recovery.
Abstract: Mental Health Treatment Courts (MHTC) address the overrepresentation of individuals with mental health disorders in the criminal justice system and strive to minimize the "revolving door" cycle of arrest/incarceration/release/re-arrest. A qualitative research group interview design was conducted with program graduates resulting in a three stage model. Participant's motivation was initially to avoid jail, but over time participants begin to make intentional choices leading to mental health recovery. Participants also described the importance of their relationship with the staff and the judge as well as the need for trust, understanding, and respect throughout the program. Recommendations for future research and program development are discussed.
5 citations
TL;DR: In this article, the authors present a meta-analysis of 38 effect sizes collected from 30 evaluations conducted from 1997 through 2020 on the impact of mental health courts on recidivism for adults and juveniles with mental health issues in the United States.
Abstract: Mental health courts (MHCs) are increasingly used across the United States as a means of reducing contact with the criminal justice system for individuals experiencing serious mental health conditions. MHCs rely on diversion from incarceration to rehabilitation, services, and treatment to reduce recidivism and other negative outcomes among individuals with mental health disorders. While MHCs are a potential evidence-based remedy for the intensifying mental health and criminal justice crises in America, there is limited research indicating the overall effects these courts have on recidivism, and whether the effects vary across different sub-groups or research design and analytic features. Therefore, we present a meta-analysis of 38 effect sizes collected from 30 evaluations conducted from 1997 through 2020 on the impact of mental health courts on recidivism for adults and juveniles with mental health issues in the United States. Weighted meta-analytic results indicate that MHC participation corresponds to a 74% decrease in recidivism (OR = 0.26). Notably, the strength of MHC effects are similar for adult and juvenile participants, and stable across varied follow-up periods, study design features, and when prior criminal history, gender and race/ethnicity are controlled for in the analyses. Implications for the criminal justice system are also discussed.
4 citations
References
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TL;DR: The authors explored the different ways people view the law and identified three common narratives: one is based on the idea of the law as magisterial and remote; another views the Law as a game with rules that can be manipulated to one's advantage; and a third narrative describes the Law is an arbitrary power to be actively resisted.
Abstract: This study explores the different ways people view the law. It identifies three common narratives: one is based on the idea of the law as magisterial and remote; another views the law as a game with rules that can be manipulated to one's advantage; and a third narrative describes the law as an arbitrary power to be actively resisted. Drawing on more than 400 extensive case studies, the text presents individual experiences interwoven with an analysis that charts a coherent theory of legality. It depicts the institution as it is lived: strange and familiar, imperfect and ordinary, and at the centre of daily life.
1,401 citations
"Beyond the “Revolving Door?”: Incen..." refers methods in this paper
...This procedure is common in qualitative sociological research and seen specifically in the area of criminal justice (Ewick & Silbey, 1998)....
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TL;DR: It is shown that participation in the mental health court program was associated with longer time without any new criminal charges or new charges for violent crimes and maintenance of reductions in recidivism and violence after graduates were no longer under supervision of themental health court.
Abstract: Objective: In response to the large-scale involvement of people with mental disorders in the criminal justice system, many communities have created specialized mental health courts in recent years. However, little research has been done to evaluate the criminal justice outcomes of such courts. This study evaluated whether a mental health court can reduce the risk of recidivism and violence by people with mental disorders who have been arrested. Method: A retrospective observational design was used to compare the occurrence of new criminal charges for 170 people who entered a mental health court after arrest and 8,067 other adults with mental disorders who were booked into an urban county jail after arrest during the same interval. A matching strategy based on propensity scores was used to adjust analyses for nonrandom selection into mental health court. Results: Propensity-weighted Cox regression analysis, controlling for other potential confounding variables (demographic characteristics, clinical variables, and criminal history), showed that participation in the mental health court program was associated with longer time without any new criminal charges or new charges for violent crimes. Successful completion of the mental health court program was associated with maintenance of reductions in recidivism and violence after graduates were no longer under supervision of the mental health court. Conclusions: The results indicate that a mental health court can reduce recidivism and violence by people with mental disorders who are involved in the criminal justice system.
337 citations
"Beyond the “Revolving Door?”: Incen..." refers background or methods or result in this paper
...…coast city and are part of a larger mixed-methods study of MHCs by the lead author.1 Typical of many firstgeneration courts, the MHC studied here only processes defendants with misdemeanor cases (McNiel & Binder, 2007; Redlich et al., 2005), while other MHCs accept defendants with felony charges....
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...…& Ray, 2013; Cosden, Ellens, & yamini-Diouf, 2005; Hiday & Ray, 2010; Moore & Hiday, 2006; Ray, 2014; Steadman, Redlich, Callahan, Robbins, & Vesselinov, 2011) and increased time to first arrest after court exit (Anestis & Carbonell, 2014; Hiday & Ray, 2010; McNiel & Binder, 2007; Ray, 2014)....
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...Further studies assess the severity of new charges (especially violent offenses), finding that MHC participation leads to fewer serious charges (McNiel & Binder, 2007; Moore & Hiday, 2006) and decreases the risk of violence (McNiel, Sadeh, Delucchi, & Binder, 2015)....
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...Other researchers also highlight the importance of completing and graduating from MHC (Burns et al., 2013; Herinckx et al., 2005; Hiday & Ray, 2010; Hiday, Wales, & Ray, 2013; McNiel & Binder, 2007; Moore & Hiday, 2006; Ray, 2014)....
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...Consistent with prior MHC research, we evaluate patterns of recidivism in the 2 years after defendants have exited the court (Burns et al., 2013; Hiday & Ray, 2010; McNiel & Binder, 2007). independent and control variables Our independent variable captures the incentivized structure of the MHC....
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TL;DR: While there were offenders for whom neither treatment was effective, a majority in both groups decreased jail days and improved psychosocial functioning, with MHTC participants demonstrating greater gains in most areas.
Abstract: Without active engagement, many adults with serious mental illnesses remain untreated in the community and commit criminal offenses, resulting in their placement in the jails rather than mental health facilities. A mental health treatment court (MHTC) with an assertive community treatment (ACT) model of case management was developed through the cooperative efforts of the criminal justice and mental health systems. Participants were 235 adults with a serious mental illness who were booked into the county jail, and who volunteered for the study. An experimental design was used, with participants randomly assigned to MHTC or treatment as usual (TAU), consisting of adversarial criminal processing and less intensive mental health treatment. Results were reported for 6 and 12 month follow-up periods. Clients in both conditions improved in life satisfaction, distress, and independent living, while participants in the MHTC also showed reductions in substance abuse and new criminal activity. Outcomes are interpreted within the context of changes brought about in the community subsequent to implementation of the MHTC.
275 citations
"Beyond the “Revolving Door?”: Incen..." refers background in this paper
...Other researchers show that MHCs can help improve psychosocial functioning (Cosden et al., 2005)....
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TL;DR: Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders.
Abstract: Mental health courts have been proliferating across the country since their estab- lishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.
233 citations
"Beyond the “Revolving Door?”: Incen..." refers background or result in this paper
...Further studies assess the severity of new charges (especially violent offenses), finding that MHC participation leads to fewer serious charges (McNiel & Binder, 2007; Moore & Hiday, 2006) and decreases the risk of violence (McNiel, Sadeh, Delucchi, & Binder, 2015)....
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...Other researchers also highlight the importance of completing and graduating from MHC (Burns et al., 2013; Herinckx et al., 2005; Hiday & Ray, 2010; Hiday, Wales, & Ray, 2013; McNiel & Binder, 2007; Moore & Hiday, 2006; Ray, 2014)....
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...This is based on the argument that it is the full “dosage” of the court that leads to better outcomes, as defendants are fully supported and monitored by the MHC team (Moore & Hiday, 2006)....
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...…is associated with fewer arrests (Anestis & Carbonell, 2014; Burns, Hiday, & Ray, 2013; Cosden, Ellens, & yamini-Diouf, 2005; Hiday & Ray, 2010; Moore & Hiday, 2006; Ray, 2014; Steadman, Redlich, Callahan, Robbins, & Vesselinov, 2011) and increased time to first arrest after court exit…...
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...However, our approach is similar to strategies used by others, with several other studies relying on data from one court with similar sample sizes (Burns et al., 2013; Christy et al., 2005; Hiday & Ray, 2010; McNiel et al., 2015; Moore & Hiday, 2006; Ray, 2014; Ray et al., 2015)....
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TL;DR: In this article, a prospective multisite study on mental health courts with treatment and control groups was conducted to determine if participation in a mental health court is associated with more favorable criminal justice outcomes than processing through the regular criminal court system.
Abstract: CONTEXT: Mental health courts are growing in popularity as a form of jail diversion for justice system-involved people with serious mental illness This is the first prospective multisite study on mental health courts with treatment and control groups OBJECTIVES: To determine if participation in a mental health court is associated with more favorable criminal justice outcomes than processing through the regular criminal court system and to identify defendants for whom mental health courts produce the most favorable criminal justice outcomes DESIGN: Longitudinal study SETTING: Four mental health courts in San Francisco County, CA, Santa Clara County, CA, Hennepin County (Minneapolis), MN, and Marion County (Indianapolis), IN PARTICIPANTS: A total 447 persons in the mental health court (MHC) and 600 treatment-as-usual (TAU) controls Intervention Eighteen months of pre-entry and postentry data for 4 jurisdictions All subjects were interviewed at baseline, and 70% were interviewed at 6 months Objective outcome data were obtained on all subjects from Federal Bureau of Investigation arrest records, jails, prisons, and community treatment providers MAIN OUTCOME MEASURES: Annualized rearrest rates, number of rearrests, and postentry incarceration days RESULTS: The MHC and TAU samples are similar on the major outcome measures in the pre-entry 18-month period In the 18 months following treatment, defined as entry into mental health court, the MHC group has a lower annualized rearrest rate, fewer post-18-month arrests, and fewer post-18-month incarceration days than the TAU group The MHC graduates had lower rearrest rates than participants whose participation was terminated both during MHC supervision and after supervision ended Factors associated with better outcomes among the MHC participants include lower pre-18-month arrests and incarceration days, treatment at baseline, not using illegal substances, and a diagnosis of bipolar disorder rather than schizophrenia or depression CONCLUSIONS: Mental health courts meet the public safety objectives of lowering posttreatment arrest rates and days of incarceration Both clinical and criminal justice factors are associated with better public safety outcomes for MHC participants Language: en
197 citations