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Mental health courts use a structure of case management based in intensive supervision/monitoring and individual accountability. Case management is supervised by a team of professionals; teams are typically comprised of members of the justice system, mental health providers, and other support systems.
This new law allows those who suffer from a mental condition, such as bipolar or schizophrenia, when that mental disorder played a docHub role in the commission of the charged offense, to apply to have their cases diverted out of the criminal courts.
Mental health courts were developed in response to the inability of traditional courts and jails to address a defendants underlying mental illness, in cases where prior diversion efforts have failed, but the nature of the charge is not so serious that prosecutors are unwilling to relinquish control.
The cons of mental health court are forced treatment and/or medication, lack of treatment services available, longer sentences, and forced guilt.
Participants in some mental health courts have lower rates of recidivismand, in particular, are less likely to be arrested for new crimesthan individuals with mental illnesses who go through the traditional criminal court system.
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How Mental Health Affects the Criminal Justice System. The first choice of most courts when a criminal case involves a defendant with a serious mental illness is to refer the person to a residential psychiatric care facility, where they can undergo treatment intended to restore their competence.
The cons of mental health court are forced treatment and/or medication, lack of treatment services available, longer sentences, and forced guilt.
Mental health courts provide an alternative to the traditional court system by emphasizing a problem-solving model and connecting defendants to a variety of rehabilitative services and support networks. Each MHC has different participant requirements and available services.
It is also properly argued that some mental illness may increase the dangerousness of an offender, warranting an increase or extension of punishment. The sentencing judge must determine whether a sentence is to be mitigated or aggravated because of the offenders mental illness.
What are the goals of mental health courts? To reduce the incarceration and recidivism of individuals with serious mental illnesses.

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