A Review on the effectiveness of Canadian and American mental health courts
DOI:
https://doi.org/10.15173/ijrr.v3i2.4112Keywords:
meta-analysis, mental health courts, Canada, United States, practices, recidivismAbstract
Objective: This systematic review synthesizes mental health court (MHC) research across the United States and Canada. This study reviews and compares the operations and practices of MHCs across both countries, as well as their recidivism rates.
Methods: We gathered from existing literature to present common MHC practices used across the United States. However, in response to the lack of literature about Canadian day-to-day practices, we developed a questionnaire and contacted every Canadian MHC. In total, we contacted 36 Canadian MHCs, and 19 courts filled out a questionnaire. With respect to recidivism rates, we conducted a comprehensive literature search in February and March 2019 in PsycINFO, Google Scholar, Web of Science, and National Criminal Justice Reference Service Abstracts using the keywords mental health court, therapeutic justice, serious mental illness, mentally ill offenders, mental health diversion and problem-solving courts.
Results: Canadian and American MHCs have similar practices. However, American MHC’s have more robust screening measures and typically admit more participants with schizophrenia, bipolar disorder, and major depressive disorder into their programs compared to Canadian MHCs. MHC participants in both countries typically had lower recidivism rates compared to regular docket court participants.
Conclusions: MHC research should inform public policy. Additional research should move in the direction of discovering the predictors for why MHCs reduce recidivism.
References
Slinger E, Roesch R. Problem-solving courts in Canada: a review and a call for empirically-based evaluation methods. Int J Law Psychiatry. 2010;33(4):258-64.
Watson A, Hanrahan P, Luchins D, Lurigio A. Mental health courts and the complex issue of mentally ill offenders. Psychiat Serv. 2001;52(4):477-81.
Wright, ER, Gronfein WP, Owens TJ. Deinstitutionalization, social rejection, and the self-esteem of former mental patients. J Health Soc Behav. 2000;68-90.
James DJ, Glaze LE. Mental health problems of prison and jail inmates. Washington, DC: U.S. Department of Justice. 2006:1-12. (accessed on May 14, 2020)
Office of the Correctional Investigator. Annual report of the Office of the Correctional Investigator 2011–2012. Ottawa: OCI. (accessed on May 14, 2020)
Snedker KA. Therapeutic justice: crime, treatment courts and mental illness. Springer; 2018.
Winick BJ. Therapeutic jurisprudence and problem solving courts. Fordham Urb LJ. 2002;30:1055-104.
Erickson S, Campbell A, Lamberti J. Variations in mental health courts: Challenges, opportunities, and a call for caution. Community Ment Health J. 2006;42(4): 335-44.
Kaiser H. Too Good to be true: Second thoughts on the proliferation of mental health courts. Can J Community Health. 2010; 29(2):19-25.
Sarteschi C, Vaughn M., Kim K. Assessing the effectiveness of mental health courts: A quantitative review. J Crim Justice. 2011;39(1):12-20.
Sarteschi CM, Vaughn MG. Recent developments in mental health courts: What have we learned? J Forensic Soc Work. 2013;3(1):34-55.
Honegger LN. Does the evidence support the case for mental health courts? A review of the literature. Law Hum Behav. 2015;39(5):478-88.
Lowder EM, Rade CB, Desmarais SL. Effectiveness of mental health courts in reducing recidivism: a meta-analysis. Psychiat Serv. 2017;69(1):15-22.
Canada K, Barrenger S, Ray B. Bridging mental health and criminal justice systems: A systematic review of the impact of mental health courts on individuals and communities. Psychol Public Policy Law. 2019;25(2):73.
Mauer M. Americans behind bars: a comparison of international rates of incarceration. Washington (DC): Sentencing Project: 1991. (accessed on May 14, 2020)
Fulmer JL. A brief report on the direct and indirect cost of prison incarceration in the state of Alabama. J Correctional Education. 1995;46(1):16-8.
Caulkins JP, Rydell CP, Schwabe WL, Chiesa J. Mandatory minimum drug sentences: throwing away the key or the taxpayers’ money? Washington (DC):Rand, 1997. (accessed on May 14, 2020)
Wexler DB, Winick BJ. Essays in therapeutic jurisprudence. Carolina Academic Press; 1991.
Daicoff S. The Role of Therapeutic Jurisprudence within the Comprehensive Law Movement. In: Stolle DP, Wexler BJ, Winick BJ (eds). Practicing Therapeutic Jurisprudence: Law as a Helping Profession. Durham: Carolina Academic Press; 2000.
Hora PF, Schma WG, Rosenthal JT. Therapeutic jurisprudence and the drug treatment court movement: Revolutionizing the criminal justice system’s response to drug abuse and crime in America. Notre Dame L Rev. 1998;74:439-537.
Council of State Governments, Justice Center. Mental Health Courts. 2019. (accessed on May 14, 2020)
Castellano U, Anderson L. Mental health courts in America: Promise and challenges. Am Behav Sci. 2013;57(2):163-73.
Steadman HJ, Redlich AD. Final report: An evaluation of the Bureau of Justice Assistance Mental Health Court Initiative. Washington, DC: National Institute of Justice (NIJ); 2006. (accessed on May 14, 2020)
Thompson M, Osher F, Tomasini-Joshi D. Improving response to people with mental illnesses: the essential elements of a mental health court. Counsel of State Governments, Criminal Justice/Mental Health Consensus Project; 2007. (accessed on May 14, 2020)
Wolff N, Fabrikant N, Belenko S. Mental health courts and their selection processes: Modeling variation for consistency. Law Hum Behav. 2011;35(5):402-12.
Redlich AD, Hoover S, Summers, A, Steadman HJ. Enrollment in Mental Health Courts: voluntariness, knowingness, and adjudicative competence. Law Hum Behav. 2010;34(2):91-104.
Sarteschi C, Vaughn M, Kim K. Assessing the effectiveness of mental health courts: A quantitative review. J Crim Justice. 2011;39(1):12-20.
McNeil D, Binder R. Effectiveness of a mental health court in reducing recidivism and violence. Am J Psychiatry. 2007;164(9):1395-403.
Steadman HJ, Redlich AD, Griffin P, Petrila J, Monahan J. From referral to disposition: case processing in seven mental health courts. Behav Sci Law. 2005;23(2):215-26.
Luskin, ML. Who is diverted? Case selection for court-monitored mental health treatment. Law & Policy. 2002;23(2):217-36.
Burns P, Hiday V, Ray B. Effectiveness 2 years postexist of a recently established mental health court. Am Behav Sci. 2013;57(2):189-208.
Trupin E, Richards H. Seattle’s mental health courts: Early indicators of effectiveness. Int J Law Psychiatry. 2003;26(1):33-53.
Steadman HJ, Redlich A, Callahan L, Robbins PC, Vesselinov R. Effects of mental health courts on arrests and jail days: a multisite study. Arch Gen Psychiatry. 2011;68(2):167-72.
Cosden M, Ellens J, Schnell J, Yamini-Diouf Y. Efficacy of a mental health treatment court with assertive community treatment. Behav Sci Law. 2005;23(2):199-214.
Snedker KA, Beach LR, Corcoran KE. Beyond the “revolving door?: Incentives and criminal recidivism in a mental health court. Crim Justice Behav. 2017;44(9):1141-62.
Redlich AD, Steadman HJ, Robbins PC, Swanson JW. Use of the criminal justice system to leverage mental health treatment: effects on treatment adherence and satisfaction. J Am Acad Psychiatry Law. 2006;34(3):292-9.
Callahan L, Steadman HJ, Tillman S, Vesselinov R. A multi-site study of the use of sanctions and incentives in mental health courts. Law Hum Behav. 2013;37(1):1-9.
Mental health courts in Ontario: a review of the initiation and operation of mental health courts across the province. Ontario: Provincial Human Services and Justice Coordinating Committee and Canadian Mental Health Association, Ontario (accessed on May 14, 2020)
Cardwell M. Mental Health Courts on the rise in Quebec. Canadian Lawyer: 2018. (accessed on May 14, 2020)
Campbell MA, Adams N, Ennis A, Canales D. Prospective evaluation of the Nova Scotia Mental Health Court: an examination of short term outcomes. Saint John (NB): Centre for Criminal Justice Studies: 2015. (accessed on May 14, 2020)
Campbell MA, Canales DD, Wei R, Totten AE, Macauley WAC, Wershler JL. Multidimensional evaluation of a mental health court: adherence to the risk-need-responsivity model. Law Hum Behav. 2015;39(5):489-502.
Dias S. Does participation in mental health court reduce recidivism? A thesis submitted to the University of Manitoba: 2014. (accessed on May 14, 2020)
Nguyen N. Peterborough community support court: an evaluation of recidivism. Unpublished MA thesis. Trent University: 2018. (accessed on May 14, 2020)
Watts J, Weinrath M. The Winnipeg mental health court: preliminary findings on program implementation and criminal justice outcomes. Can J Community Mental Health. 2017;36(1):67-82.
Anestis JC, Carbonell JL. Stopping the revolving door: effectiveness of mental health court in reducing recidivism by mentally ill offenders. Psychiat Serv. 2014;65(9):1105-12.
Christy A, Poythress N, Boothroyd R, Petrilla J. Evaluating the efficiency and community safety goals of the Broward County Mental Health Court. Behav Sci Law. 2005:23(2):227-43.
Frailing K. How mental health courts function: outcomes and observations. Int J Law Psychiatry. 2010;33(4):207-13.
Han W, Redlich AD. The impact of community treatment on recidivism among mental health court participants. Psychiat Services. 2016;67(4):384-90.
Hiday VA, Ray B, Wales HW. Longer-term impacts of mental health courts: recidivism two years after exit. Psychiat Services. 2016:67(4):378-83. (accessed on May 14, 2020)
Hiday VA, Wales HW, Ray B. Effectiveness of a short-term mental health court: criminal recidivism one year postexit. Law Hum Behav. 2013;37(6):401-11.
Keator K, Callahan L, Steadman H, Vesselinov. The impact of treatment on the public safety outcomes of mental health court participants. Am Behav Sci. 2013;57(2):231-43.
Kubiak S, Roddy J, Comartin E, Tillander E. Cost analysis of long-term outcomes of an urban mental health court. Eval Program Plann. 2015;52:96-106.
Lowder EM, Desmarais SL, Baucom DJ. Recidivism following mental health court exit: between and within-group comparisons. Law Hum Behav. 2016;40(2):118-27.
McNiel DE, Sadeh N, Delucchi KL. Prospective study of violence risk reduction by a mental health court. Psychiatric Services. 2015;66(6):598-603.
Moore ME, Hiday VA. Mental health court outcomes: a comparison of re-arrest severity between mental health court and traditional court participants. Law Hum Behav. 2006;30(6):659-74.
Herinckx HA, Swart SC, Ama SM. Rearrest and linkage to mental health services among clients of the Clark County mental health court program. Psychiat Serv. 2005;56(7):853-7.
Hiday VA, Ray B. Arrests two years after exiting a well-established mental health court. Psychiat Serv. 2010;61(5):463-8.
Ray B. Long-term recidivism of mental health court defendants. Int J Law Psychiatry. 2014;37(5):448-54.
Downloads
Published
How to Cite
Issue
Section
License
Copyright Notice
Authors who publish with this journal agree to the following terms:
- Authors retain copyright of their work and grant the International Journal of Risk and Recovery the right of first publication with the work simultaneously licensed under a Creative Commons Attribution License. This allows others to share the work with an acknowledgement of the work’s authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book) with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their websites) before and during the submission process as it can lead to productive exchanges, as well as earlier and greater citation of published work. (See The Effect of Open Access.)
