Criminal Justice and Mental Health

Jada Hector and David Khey

Criminal Justice and Mental HealthAn Overview for Students

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Jada Hector

New Orleans, LA, USA

David Khey

University of Louisiana, Lafayette, LA, USA

ISBN 978-3-319-76441-2e-ISBN 978-3-319-76442-9

https://doi.org/10.1007/978-3-319-76442-9

Library of Congress Control Number: 2018934430

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1 Mental Illness, Then and Now 1

1.1 A Brief History 2

1.1.1 The First Impetus for Change: Dorothea Dix 2

1.1.2 Moral Treatment Thrives and Declines 4

1.1.3 The Miracle Drugs 6

1.1.4 Deinstitutionalization 8

1.1.5 The Media Coverage of Hospital Conditions and Homelessness and Social Awareness 9

1.1.6 The Impact of the War on Crime and the Incarceration State 12

1.2 Current Policy 16

1.3 Key Problems Today 18

1.3.1 Stigma 18

1.3.2 Trauma 20

1.3.3 Co-Occurring Disorders 22

1.3.4 Dollars and Cents Sense 23

1.4 Rethinking Mental Health 24

1.4.1 A Continuum of Care 25

1.5 Conclusion 26

References 27

2 Size and Scope of Justice-Involved Mental Illness 31

2.1 What We Know: It’s Complicated 32

2.1.1 Population Surveys 33

2.1.2 Health-Care Surveys 37

2.1.3 Vital Statistics 38

2.1.4 Putting It All Together: A Summary of Mental Health in America Today 39

2.2 What We Don’t Know 40

2.3 What We Know We Don’t Know: Hidden Mental Illness 41

2.3.1 Marginalized Groups and Cultural Differences 43

2.4 Conclusion 45

References 46

3 The Front Line: EMS, Law Enforcement, and Probation and Parole 47

3.1 Know the Role 48

3.1.1 EMS and Trained Firefighters 50

3.1.2 Law Enforcement 51

3.1.3 Probation and Parole 52

3.2 Common Interactions 53

3.2.1 Frequent Flyers: An Example of Typical and Common Interactions (and Frustrations) 53

3.3 Common Problems 55

3.3.1 Police-Citizen with Mental Illness Encounters 57

3.3.2 Interfacing with the Homeless or Near-Homeless Population 61

3.4 Evidence-Based Solutions 62

3.4.1 Crisis Intervention Teams: The Preferred Solution 62

3.4.2 Mental Health First Aid 64

3.4.3 Alternative Destination Pilot Project: North Carolina 65

3.4.4 Community Paramedic Program: Grady EMS (Atlanta) 66

3.4.5 A Survey of Other Approaches Across the Country 69

3.5 Conclusion 70

References 71

4 Treatment: Intersection with Criminal Justice 75

4.1 Where Do People Fall Through the Cracks? 76

4.2 Common Problems 79

4.2.1 Medical Coverage 81

4.2.2 Medical Records 82

4.2.3 Double and Multiple Stigma 84

4.2.4 Barriers of Public Housing 84

4.3 Common Resources 85

4.3.1 Transitional Housing and Recovery Residences: Halfway Houses, Sober Houses, and Three-Quarter Houses 86

4.3.2 Detox 87

4.3.3 Inpatient Treatment Services 89

4.3.4 Intensive Outpatient (IOP) Treatment 89

4.3.5 12 Steps: AA/NA 90

4.3.6 Assertive Community Treatment (ACT) Teams 90

4.3.7 The Value of Compulsory Treatment 92

4.4 Treatment Settings 92

4.4.1 Community Mental Health Centers 92

4.4.2 Emergency Rooms and Hospitalization 93

4.4.3 Group Homes 93

4.5 Federal/National Resources 94

4.5.1 SAMHSA 94

4.5.2 National Alliance on Mental Illness 98

4.6 Example of Innovation in Available Resources and Emerging Technology: Mobile Health (mHealth) 99

4.7 A Canary in the Shaft: American Mental Health Troubles Seen Abroad 100

4.8 Conclusion 101

References 103

5 Jails 105

5.1 Know the Role 105

5.1.1 Constitutionally Acceptable Level of Care: The Status Quo 106

5.1.2 Common Interactions 109

5.1.3 Common Problems 111

5.1.4 Preventable Tragedies 112

5.2 Evidence-Based Solutions 115

5.2.1 Step Two: Latest Generation Assessment and Screening Tools and Data Capacity 115

5.2.2 Defining a Sequential Intercept Model and Notating Gaps in Services 118

5.2.3 Prioritize and Implement New Policies, Practices, and Improvements and Then Track Progress 119

5.3 Bureau of Justice Assistance: A Source of Support 120

5.4 National Registry of Evidence-Based Programs and Practices and CrimeSolutions.gov 121

5.5 The Role of Jails in the Future 123

5.5.1 Drain the Jail: Customized Specialty Courts 123

5.5.2 Avoid the Jail: Safe Haven 124

5.5.3 Use the Jail: Expand Available Services, Case Management, and Use of Reentry Plan 125

5.5.4 Out-of-the-(Pizza)-Box Innovations 125

5.6 Conclusion 126

References 127

6 Court Programs 129

6.1 Know the Role-Drug Court 130

6.1.1 Drug Court Adaptations for Special Populations 131

6.1.2 Mental Health Courts 132

6.1.3 The 22nd Judicial District Behavioral Health Court of Louisiana 133

6.2 Older Initiatives: Mental Health Court Precursors 136

6.3 A Note on Veterans Treatment Courts 137

6.4 The Future of Mental Health Courts 140

6.5 A Key Weakness in the Court’s Role: Revocation 141

6.6 Conclusion 143

References 144

7 Prison 147

7.1 Know the Role 147

7.1.1 Reaffirming Minimal Mental Health Care: The Epicenter (California) and the New Frontier (Alabama) 149

7.1.2 The Common Affront: Locking Someone in Ad Seg 154

7.1.3 A Local Case Study: Boston 156

7.2 Example Progressive Programming and Program Elements 157

7.2.1 Pen Pals, Inc. 157

7.3 Pop Culture and Prison, New Links to Awareness 158

7.4 Out-of-the-Box Innovations 160

7.5 Conclusion 161

References 162

8 Release and Reentry 163

8.1 They’re Back! But They Aren’t Poltergeist: Stigma Revisited 164

8.2 How Are We Dealing with It? 165

8.2.1 Jail to Community Reentry 166

8.2.2 Prison to Community Reentry 170

8.2.3 Reentry Court 172

8.3 Known Gaps and Barriers 176

8.3.1 Technology as a Barrier 176

8.3.2 Disenfranchisement (Felons Can’t Vote) 178

8.3.3 Facing Employers 178

8.3.4 Facing Relationships 179

8.3.5 Collateral Consequences 179

8.4 How Do We Break the Cycle? 181

8.4.1 The Role of Employers 182

8.4.2 Ban the Box: Does It Work? 183

8.5 Conclusion 184

References 186

9 Community-Based and Grassroots Programs 189

9.1 Know the Role 190

9.2 Facing the Stigma Head On: Heroin Walks Like Cancer Walks 191

9.3 Partners 4 Strong Minds (Strong 365) and One Mind Care Connect 192

9.4 Heads Together 192

9.5 Born This Way 193

9.6 Wear Your Label 195

9.7 Active Minds 195

9.8 SLIDDE, University of Louisiana at Lafayette 196

9.8.1 Dave’s Killer Bread 196

9.9 Conclusion 197

References 198

10 Self-Care for Professionals 199

10.1 What No One Talks About: Our Own Mental Health 199

10.1.1 Burnout, Compassion Fatigue, and Vicarious Trauma: Working with People in Crisis 200

10.2 Traumatic Experiences and Fatigue: What We Know 203

10.3 Self-Care: Why Is It Important 204

10.4 Examples of Self-Care Programming 205

10.5 Conclusion 207

References 207

11 What Works and What’s Promising 209

11.1 Looking Forward 209

11.1.1 Legislative Progress 210

11.2 Change Is Taking Place Slowly 212

11.3 Change Agents 212

11.4 Theoretical Considerations 213

11.4.1 Restorative Justice and Relevant Theory 213

11.4.2 Reintegrative Shaming in Action 215

11.4.3 The Future of Reintegrative Shaming in Research 216

11.5 Concluding Remarks 217

References 218

Index221

About the Authors

Jada Hector

is an accomplished mental health clinician with an array of experience from treating severe mental illness, trauma, substance use and abuse, to everyday mental health struggles shared by Americans and their loved ones. These days, Ms. Hector lends those experiences to help local and state governments remedy gaps in mental health surveillance, treatment, and recovery options, create better policy, and heal communities. She is a graduate of the Louisiana State University with a master’s degree in counseling and is a Licensed Professional Counselor in the state of Louisiana. She also attended B.I. Moody III College of Business Administration at the University of Louisiana at Lafayette where she earned an undergraduate degree in business with a concentration in marketing.

David Khey

has focused his research on a few areas in criminology, criminal justice, and forensic science. In particular, he is currently investigating mental health policy, drug policy, control, toxicology, chemistry, and addiction, as well as the changing evidentiary power of forensic science technologies. Born and raised in South Florida during the late 1970s and early 1980s, drug policy and enforcement quickly piqued his interest. In this topical area, Dr. Khey has presented research on drug and alcohol use/abuse and provided policy analysis to local and state officials in Florida. A highlight of this work includes an invitation to address the Governor’s Office Drug Policy Advisory Council in 2007. Soon after moving to Louisiana at a time when divestments in mental health services were at its modern day peak, mental health policy quickly became one of his key areas of focus and remains that way to this day. Dr. Khey holds an advanced degree in pharmacy and pharmaceutical sciences with a concentration in forensic drug chemistry and doctorate in criminology, law, and society from the University of Florida.

Contents

About the Authors