Practical Advice on Jail Diversion Funding
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outcomesmental health courtcriminal justice accountabilitysustainability advocacy community Practical Advice on Jail Diversion funding spanner Ten Years of Learnings on Jail Diversion from the evidence-based boundary CMHS National GAINS Center practices CMHS National GAINS Center transportation CMHS GAINS TAPA Center for Jail Diversion family reentry housingchild carepublic safetyrecoveryintegrated treatment Practical Advice on Jail Diversion: Ten Years of Learnings on Jail Diversion from the CMHS National GAINS Center CMHS National GAINS Center CMHS GAINS TAPA Center for Jail Diversion Delmar, NY Recommended citation: CMHS National GAINS Center. (2007). Practical advice on jail diversion: Ten years of learnings on jail diversion from the CMHS National GAINS Center. Delmar, NY: Author. This publication is based on content produced by the CMHS National GAINS Center and the CMHS GAINS Technical Assistance and Policy Analysis (TAPA) Center for Jail Diversion, with support from the Substance Abuse and Mental Health Services Administration (SAMHSA) Center for Mental Health Services (CMHS). The material contained in this publication does not necessarily represent the position of the SAMHSA Center for Mental Health Services. Susan Milstrey Wells was contracted to write this publication. The CMHS National GAINS Center acknowledges the members of the review panel, program and evaluation staff of the 32 grantees of the CMHS Targeted Capacity Expansion for Jail Diversion Programs initiative, the communities that provided feedback, and the individuals and programs that shared expertise and materials for the project. This publication is available from the CMHS National GAINS Center website at http://www.gainscenter.samhsa. gov. You can contact the Center at (800) 311-4246 or [email protected]. Substance Abuse and Mental Health Services Administration Center for Mental Health Services Contents Message from the GAINS Center Director ................................................................................................. iv User Guide ............................................................................................................................................................1 SECTION 1: Why Develop a Jail Diversion Program? .................................................................................5 SECTION 2: What Is Jail Diversion Really? ...................................................................................................9 SECTION 3: Making Jail Diversion Happen in Your Community ...........................................................15 SECTION 4: Getting Started..........................................................................................................................21 SECTION 5: Putting the “Action” in Your Action Plan ............................................................................39 SECTION 6: Planning for Sustainability .......................................................................................................61 SECTION 7: Data 101 .....................................................................................................................................67 Moving Forward .................................................................................................................................................77 APPENDIX A: Resources .................................................................................................................................79 APPENDIX B: Program Examples ............................................................................................................... 107 APPENDIX C: Glossary ................................................................................................................................. 113 References ........................................................................................................................................................ 119 iii iv Message from the GAINS Center Director Since 1995, the CMHS National GAINS Center, under Federal support from the Substance Abuse and Mental Health Services Administration, has provided direct technical assistance to upwards of 175 U.S. communities and indirect support to hundreds of others around the issues of developing appropriate and comprehensive services for justice-involved persons with mental illness, the vast majority of whom have co-occurring substance use disorders. In the process of providing these supports we have learned much about how to keep people with mental illness out of jail that are there because there are not community-based treatment alternatives, i.e. diversion. Our intent in this document is to collect as much of our learning as we can. In down to earth terms, we trust you will find guidance here to implement the political will that exists in so many communities around this country who just need some explicit direction to do the right things. As you use this document, please also use our Web site to give us feedback that could improve it as we make future revisions. Henry J. Steadman, Ph.D. v vi User Guide Responding to fragmentation in service greater risk to the community than other delivery for people with serious mental illness, people. the President’s New Freedom Commission on Mental Health has called for nothing short Over the last two decades, jail diversion of fundamental transformation of the mental programs have been developed with the goal health care delivery system in the United States. of reducing or eliminating the time people Perhaps nowhere is service system fragmentation with mental and substance use disorders spend and its devastating impact on individuals more in jail by redirecting them from the criminal evident than in the lack of coordination between justice system to community-based treatment the criminal justice and mental health systems. and supports. Groups that plan jail diversion programs develop and build on broad-based People with mental illness and substance community consensus and collaboration to use disorders are greatly overrepresented integrate services and systems designed to in the criminal justice system compared improve the lives of people with mental disorders to their prevalence in the general and enhance public safety. population. Jail diversion programs are designed to bridge These individuals cycle in and out of the gap in fragmented systems and break the the mental health, substance abuse, and cycle of recidivism for people with serious criminal justice systems, often receiving mental illness and co-occurring substance little, if any, treatment. use disorders. As such, they reflect a holistic, systemic approach to mental health service People with mental illness are costly and delivery that will allow most people with mental time consuming for law enforcement disorders to live, work, learn, and participate officers and local jails. Courts become fully and safely in their communities. backlogged trying to deal with the influx of these complex cases. People whose mental illness is untreated Who Should Read This Publication may act in ways that the general public The Federal Substance Abuse and Mental considers to be frightening or threatening. Health Services Administration (SAMHSA) in However, when effective treatment and the U.S. Department of Health and Human support services are available and used, Services (HHS) has sponsored development of people with mental disorders present no this publication to serve as a guide for interested community members who want to know how 1 to design, plan, implement, and evaluate a program for people with mental and substance successful jail diversion program. Whether use disorders. For example: you’re a case manager in a community mental health center, a substance abuse counselor, If you’re just beginning to think about a jail mental health practitioner, a cop who jail diversion but not ready to start, you walks a beat, a prosecuting attorney, a local can use this guide as a springboard for judge, a consumer, or a family member, you’ll discussion. Share it with your colleagues want to read this publication if you are leading or others you think will have a vested development of a jail diversion program in your interest in jail diversion and talk about it community or hope to do so. You’ll gain a better informally or at initial meetings of your understanding of what jail diversion really is, stakeholder group. why it makes sense, and how to adopt or adapt When you’re ready to begin, you can a program for your community. See the section use this publication as a checklist of below for a more detailed look at what you’ll find the activities you need to consider. in these pages and how to make the best use of You won’t necessarily do everything it. suggested in each section, and you’ll It was beyond the scope of this publication to go most likely implement these steps in into depth about the structure and processes of the order that makes the most sense for the mental health and criminal justice systems. your community. For example, though For this, two comprehensive publications are many jurisdictions begin jail diversion available from SAMHSA’s CMHS National programs with no dedicated funding, you GAINS Center: may find that the decision makers in your community will require a source of funds Overview of the Mental Health Service System before you begin accepting consumers. for Criminal Justice Professionals is available at www.gainscenter.samhsa.gov/pdfs/jail_ Finally, it’s not too late