Mental Health Developmental Disability Court Attorney Training
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CUYAHOGA COUNTY MENTAL HEALTH COURT ATTORNEY TRAINING General Overview Hon. Timothy E. McMonagle, Judge ( Retired) Former Chair, Common Pleas Mental Health Court Daniel E. Peterca, Pretrial Services Manager, Co-Director, Common Pleas Mental Health Court August 19, 2011
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The mission of the Mental Health / Developmental Disability (MHDD) Court of the Cuyahoga County Common Pleas Court is to identify defendants / offenders with severe mental illnesses and / or developmental disability in order to divert them from or guide them through the criminal justice system. It is the ultimate goal of this specialized court to provide early assessment along with extensive corroboration between the Court Psychiatric Clinic, the County Jail, Pretrial Services, Probation Department, the service providers, and the Court in order to provide treatment and control within the community or sanctions whenever appropriate.
Transcript of Mental Health Developmental Disability Court Attorney Training
CUYAHOGA COUNTYMENTAL HEALTH
COURTATTORNEY TRAINING
General OverviewHon. Timothy E. McMonagle, Judge ( Retired) Former Chair, Common Pleas Mental Health Court
Daniel E. Peterca, Pretrial Services Manager, Co-Director, Common Pleas
Mental Health Court
August 19, 2011
Mental Health Court
2
MISSION STATEMENT:
The mission of the Mental Health Court is to promote early identification of defendants with severe mental health/developmental disabilities in order to promote coordination and cooperation among law enforcement, jails, community treatment providers, attorneys and the courts for defendants during the legal process and achieve outcomes that both protect society and support the mental health care and disability needs of the defendant.
August 19, 2011
National Perspective
• Mental Health Courts were created largely in response to the increasing number of defendants with serious mental health illness caught up in the criminal justice system
• When mental health facilities disappeared in the 90’s, law enforcement departments, jails and prisons became de facto service providers to persons with mental illness
• Authoritative research estimates that approximately 800,000 persons with serious mental illness are admitted annually to U.S. jails.
• In June 2009, a study by Henry J. Steadman, Ph.D. and colleagues found that 14.5% of male and 31.0% of female inmates admitted to jail had a serious mental illness. 3August 19, 2011
State Perspective
The Ohio Supreme Court’s Specialized Dockets Section is in process of developing a new rule outlining standards to help guide local courts currently operating or considering starting a specialized docket. The 12 standards proposed are intended to create a minimum level of uniform practices yet still allow courts to tailor operations to meet their individual needs
4August 19, 2011
Local Perspective
• The County Jail, with a rated capacity of close to 1800 inmates, houses an estimated 300 offenders with mental illness in the Jail on any given day.
• To indicate the presence of MH/DD issues, the cases of 2,038 individuals (with 2,531 cases) have been flagged in the Court’s information system allowing for more expedient identification and linkage to services should the individual cycle through the system in the future. Not all individuals tagged as “MH” are placed or transferred to a MHC docket.
5August 19, 2011
Local Perspective
• Individuals with severe mental illness spend more time in jail than similarly charged offenders without mental health issues.
• An informal survey in 2002 compared average length of stay for offenders in a specialized unit for MHDD issues versus those in an intensive supervision program with no severe MHDD issues.
• The study revealed that from arrest to disposition, offenders with MHDD issues spend close to twice as much time in jail as the comparison group.
6August 19, 2011
Local Response
LAW ENFORCEMENT:
• The ADAMHS Board sponsors police Crisis Intervention Team (CIT) training and the Cleveland Police Academy includes a mental health component in new officer training
• Mental Health Liaisons and a Mobile Crisis Unit are available to police officers when encountering persons with possible MH/DD issues
7August 19, 2011
Local ResponseCOUNTY JAIL:
• Includes MH/DD screening questions in the booking process
• Electronically sends the daily booking list to the ADAMHS Board to identify defendants already linked with a community provider
• Has an Intake Specialist who tracks and refers inmates identified with MH/DD issues at booking either back to an existing MH or DD provider in the community or to the Jail Psychiatric Clinic for psychiatric care and medication
• Designates 96 beds for the MH/DD population
• Incorporates the use of MH/DD Jail Liaisons from several community providers who regularly communicate jail inmate needs and status with Jail Mental Health Services as well as Probation Pretrial and post-disposition supervision units
8August 19, 2011
Local Response
PRETRIAL SERVICES UNIT:
• Provides MHC eligibility determination and referral recommendations
• Has 2 specially trained MHDD Supervision Officers
• In 2010, 125 defendants were placed on MHDD Pretrial Supervision as a condition of bond
• Coordinates the Restoration Outpatient Program (RTC) with the Common Pleas Court Psychiatric Clinic
9August 19, 2011
Local Response
MHDD PROBATION UNIT:
• Has 9 specially trained officers and a supervisor
• In 2010, 404 offenders were assigned to supervision in the MHDD Unit
• Attend regular staffing with community providers
• Work to address linkage to community providers, housing, substance abuse issues, benefits reinstatement
10August 19, 2011
Mental Health Court
NO WRONG DOOR POLICY:
• Defendants identified with suspected mental health issues or developmental disabilities can be referred for eligibility determination and possible transfer to a MHC docket at any point in the criminal justice process, from arrest to post-disposition community supervision.
• A specially trained MHC attorney is often assigned at arraignment but a MHC attorney can be requested even if eligibility is not yet determined but is expected. Defendants identified post-arraignment as eligible for MHC can be transferred to a MHC docket via request to the Administrative Judge, subject to compliance with the Local Rules. 11August 19, 2011
Mental Health Court
LOCAL RULES:
• MHC was created through amendments to Local Rules 30, 30.1 and 33.
• Recently Rule 30.1 was amended to allow defendants with a previous history on a MHC docket or previous MHDD probation supervision automatic eligibility for MHC Court.
12August 19, 2011
30.1 Assignment of Criminal Cases
to Mental Health Dockets (A) DEFINITIONS
Mental health dockets shall include cases where the defendant has a confirmed serious mental illness or is developmentally disabled as defined below:
(1) For purposes of this section, a defendant is deemed to have a confirmed serious mental illness if within the previous six months prior to arraignment, there is a clinical diagnosis of a severe mental illness with a psychotic feature or defendant was previously found eligible or was assigned to a MHCD.
(2) For purposes of this section, a defendant is deemed to be developmentally disabled if there is a clinical diagnosis that the defendant meets current Developmentally Disabled Offender eligibility of an IQ of 75 or less and/or an adaptive skills deficit based on either a diagnostic report or on the defendant previously having been found eligible or assigned to a MHCD. 13August 19, 2011
30.1 Assignment of Criminal Cases to Mental Health Dockets
(B) APPOINTMENT OF JUDGES TO PRESIDE OVER MENTAL HEALTH DOCKETS
The Administrative Judge will select Common Pleas Court General Division judges for the mental health dockets. The judges will serve for a period of two years from date of assignment. Upon approval of the Administrative Judge, the judges may be reappointed to successive terms. Thereafter, any Common Pleas Court General Division Judges who desire to preside over a mental health docket may submit their names to the Administrative Judge for consideration.
14August 19, 2011
30.1 Assignment of Criminal Cases to Mental Health Dockets
(C) ASSIGNMENT OF CASES TO MENTAL HEALTH DOCKETS
(1) Except as otherwise provided for in paragraph (D) of this rule, at the arraignment there will be a random assignment of mental health cases to judges presiding over the mental health dockets. Assignments will occur through a process either manual or electronic, which ensures the equitable distribution of cases among mental health dockets where the defendant:
(a) Based on either a new psychiatric assessment or on past placement on a MHCD, has a confirmed serious mental illness or is developmentally disabled as defined in A(1) and A(2) above; and
(b) Has no pending case[s], is not on probation or community control at the time of the offense, or there is no co-defendant[s] with a pending case or probation or community control cases.
(2) In cases where it is determined after arraignment that a defendant has a confirmed serious mental illness or is developmentally disabled as defined in A(1) or A(2) above, the Administrative Judge may reassign the case to a mental health docket through random assignment.
15August 19, 2011
30.1 Assignment of Criminal Cases to Mental Health Dockets
(D) CASES WILL NOT BE ASSIGNED TO MENTAL HEALTH DOCKETS WHEN:
(1) A single defendant commits a new offense while on probation or community control. The case shall then be assigned to the docket of the judge with such prior case.
(2) A single defendant has a pending case. The case shall then be assigned to the docket of the judge with the pending case.
(3) A defendant has co-defendant[s] on this case or has co-defendant[s] with a prior pending case, then the case shall be assigned to the docket of the judge who was assigned the pending case. If two or more defendants have pending cases, the case shall be assigned to the docket of the judge with the lowest numbered case.
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30.1 Assignment of Criminal Cases to Mental Health Dockets
(4) A defendant has co-defendants where one co-defendant has a pending case and the other defendant has a probation or community control case. The case shall then be assigned to the docket of the judge with the pending case.
(5) A defendant has co-defendant[s] where no co-defendant has a pending case but a co-defendant[s] is on probation or community control, then all defendants shall be assigned to the docket of the judge who has a co-defendant on probation or community control. Where there is more than one co-defendant on probation or community control, the case shall be assigned to the docket of the judge with the lowest numbered case.
Effective: 06/09/2003
Amendments to (A), (A)(1), (A)(2), (C)(1)(a) and (C)(2), effective 2/04/10
17August 19, 2011
Mental Health Court
SPECIALIZED DOCKETS:
The five (5) MHC Judges in Common Pleas Court carry an average of 100 MH/DD cases on their dockets at any one time (including active, investigation, and supervision cases) representing approximately 25% of their total docket.
• Hon. José A. Villanueva (Chair)
• Hon. Michael P. Donnelly
• Hon. Holly L. Gallagher
• Hon. John D. Sutula
• Hon. Joan Synenberg
18August 19, 2011
Mental Health Court
MHC VOLUME:
• In 2010, 387 cases were assigned to a Mental Health Court docket
• Defendants on MHC dockets are similar to the overall offender population in distribution of race. However, a higher percentage of female defendants are found on the MHC dockets than in the overall offender population.
• Individuals in MHC are often unemployed, indigent and homeless.
19August 19, 2011
MHC Eligibility Determination
DIAGNOSIS OF ONE OR BOTH OF THE FOLLOWING:
• Severe mental health issue with psychosis (e.g., schizophrenia, schizoaffective disorder, major depressive disorder with psychotic feature, bipolar disorder with psychotic feature)
• Developmental disability – IQ of 75 or below
20August 19, 2011
MHC Eligibility Determination
BASED ON:
• Community Provider Reports (completed in last 3 years)
• Jail Psychiatric Clinic Reports
• Court Psychiatric Clinic Reports
• Previous placement in a MHC docket or MHDD supervision caseload
21August 19, 2011
MHC Eligibility Determination
PROCESS:
• Defendants identified at booking are referred to Jail Liaison if already linked with a community provider and to the Jail Psych Clinic if not.
• Jail Liaisons work to obtain existing diagnostic reports
• Jail Psych Clinic provides diagnostic reports if necessary
• Pretrial Services coordinates gathering of reports and compiling necessary eligibility determination information for the arraignment room or a non-MHCD Judge
• Arraignment room assigns MHC Judge to eligible defendants
• Non-MHC Judges request transfer to MHC for eligible defendants via request to the Administrative Judge. 22August 19, 2011
Contact InformationMHC Co-Directors:
MOLLY BRENINGHOUSE, Adult Probation Deputy Chief
216-443-5522
DANIEL PETERCA, Pretrial Services Manager
216-443-2170
MHC Coordinator:
JENNIFER MOODY, Treatment Placement Coordinator
216-443-2164
[email protected] 19, 2011
