JMHCP Grantee (2010) -- Buffalo Mental Health Court

Quick Facts:

Date accepted first participant:
38337/2002
Mental health docket frequency:
Weekly
Number of participants per year:
201-500
Clinical eligibility criteria:
  • The court accepts participants with any Axis I or Axis II mental health diagnoses
  • The court accepts participants with only Axis I diagnoses
  • The court accepts participants with Axis I diagnoses if the diagnoses correspond to state criteria for “serious and / or persistent mental illness”
    • Clinical exclusion criteria:
      Legal eligibility criteria:
      • Misdemeanors
      • Misdemeanor probation violations
      • Felonies (property)
      • Felonies (nonviolent)
      • Felony probation violations
      Case disposition upon successful program completion:
      • Participants' charges may be dismissed upon successful completion
      • Participants' charges may be reduced upon successful completion
      • Participants' records may be expunged
      Case disposition upon unsuccessful program completion:
      • Participants are returned to the court of original jurisdiction for sentencing
      • Participants' cases are processed by the mental health court for charges that were held in abeyance
      Court and service components funded by:
    • Federal funds
    • State funds
    • Municipal funds
    • Regional mental health funds

      • JMHCP Grantee Information

      Grant Year
      2010

      JMHCP Grantee (2010) -- Buffalo Mental Health Court

      Contact:

      Name:
      Hank Pirowski
      Title:
      Project Director
      Organization:
      Buffalo Menatl Health Court
      Address:
      50 Delaware Avenue
      Buffalo, NY 14202
      Email:
      hpirowsk@courts.state.ny.us
      Phone:
      716-845-2788

      JMHCP Grantee (2010) -- Buffalo Mental Health Court

      General: Jurisdiction, History, and Planning

      Grantee Year:
      Mixed
      Other collaborative criminal justice/mental health initiatives in community:

      Pre-trial Psychiatric Diversion Team
      C.O.U.R.T.S Program
      Date accepted first participant:
      38337/2002
      Mental health docket frequency:
      Weekly
      Number of participants per year:
      201-500
      Planning and oversight/advisory group:
    • The court had a planning committee that has evolved into an oversight/advisory capacity
      • Oversight group members:
      • Line-level law enforcement official
      • Community mental health service provider
      • Substance abuse treatment provider
      • Housing provider
      • Consumer of mental health services
      • Victims' advocate / representative
      • Consumers' advocate
      • Supervisory-level law enforcement official
      • Pretrial services staff
      • Judicial officer (e.g. a judge or magistrate)
      • Court administrator / program director
      • Prosecutor
      • Public defender
      • Corrections department head

      Eligibility Criteria

      Clinical eligibility criteria:
    • The court accepts participants with any Axis I or Axis II mental health diagnoses
    • The court accepts participants with only Axis I diagnoses
    • The court accepts participants with Axis I diagnoses if the diagnoses correspond to state criteria for “serious and / or persistent mental illness”
      • Clinical exclusion criteria:
        Establishment of clinical eligibility criteria:
      • They were established in consultation with mental health treatment providers
      • They were established with an understanding of the jurisdiction's treatment capacity
      • They were established according to the jurisdictions' needs
      • They were established through the court's experience and expertise
        • Legal eligibility criteria:
        • Misdemeanors
        • Misdemeanor probation violations
        • Felonies (property)
        • Felonies (nonviolent)
        • Felony probation violations
        Effect of criminal history on eligibility:
          Degree to which crime victims are involved in court processes:
          Victims are welcomed to participate. However, the rules of confidentiality may limit information exchange
          Reasons for lack of victim involvement in court processes:

            Court Team and Training

            Personnel who participate in case staffings:
          • Judicial officer (e.g. judge or magistrate)
          • Court administrator / program director
          • Prosecutor
          • Defense attorney
          • Treatment provider or case manager employed by the court
          • Treatment provider or case manager employed by community mental health service provider
          • Community supervision officer (probation or parole)
          • Victims' advocate / representative
            • Job orientation:
            Staff receive peer-to-peer training
            Ongoing training:
          • Yes, there are annual training requirements.
          • Yes, there is funding support for staff to attend training sessions.
            • Training topics:
            • Overview of mental illness (e.g. recognizing symptoms or medications)
            • Integrated mental health and substance abuse treatment
            • The court process and legal considerations
            • Graduated sanctions and the role of coercion
            • Information sharing with community mental health service providers
            • Local mental health services and community treatment capacity
            • Diversion options
            • Treatment engagement
            • Cultural competence
            • Gender-specific treatment and services
            • Trauma issues
            • Victim's issues
            • Substance abuse treatment

            Participant Information

            Primary sources of referrals:
            • Law enforcement
            • Jail staff
            • Judges
            • Drug court programs
            • Pretrial services staff
            • Prosecutors
            • Defense attorneys
            Mental health screening conducted by:
          • Community mental health service provider
          • Court personnel with mental health background / experience
          • Pretrial services staff
            • Mental health assessment conducted by:
          • Community mental health service provider
          • Staff of mental health court
            • Point at which full mental health assessment conducted:
            Before eligibility is determined

            Terms and Duration of Participation

            Legal mechanism by which participants are accepted into court program:
          • Participants' charges are held in abeyance and then dismissed upon successful program completion
          • Participants plead guilty and have their sentence deferred
          • Participants are sentenced to participation after a finding of guilt
          • Participants opt into the court after committing a probation violation
          • Varies depending on charge
            • Case disposition upon successful program completion:
            • Participants' charges may be dismissed upon successful completion
            • Participants' charges may be reduced upon successful completion
            • Participants' records may be expunged
            Case disposition upon unsuccessful program completion:
            • Participants are returned to the court of original jurisdiction for sentencing
            • Participants' cases are processed by the mental health court for charges that were held in abeyance
            Terms of participation:
            They are standard with individualized terms routinely added
            The court uses a formal, standard written contract for all participants:
            No
            Minimum and maximum periods of participation:
          • No, there are no minimum or maximum periods of participation
            • Average length of participation:
            1 year to 2 years

            Confidentiality and Informed Choice

            The court obtains written consent to release personal information:
            Yes, participants sign multiple releases whenever information is requested or shared
            Court-supervised treatment becomes part of the participants' criminal record:
            No
            The court has standard protocols for establishing legal competence of potential participants:
            Yes, the court program has a system for establishing legal competence aside from the state system
            Length of time to assess participants' legal competence
            48 hours
            After assessment of legal competence, length of time before assessment of clincial competence:
            48 hours
            Defense counsel helps potential participants decide whether to enter the court:
            Yes

            Monitoring, Supervision, Treatment, and Adherence

            Monitoring and supervision of participants primarily performed by:
            Court team members mental health background
            Services available to court participants:
            • Emergency psychiatric services (crisis stabilization)
            • Victim-defendant mediation
            • Assistance in locating housing
            • Assistance in financing housing
            • Assistance in accessing benefits (e.g. Medicaid, SSI, SSDI, veterans)
            • Transportation (e.g. bus fare, rides to program-related appointments)
            • Child care
            • Supported employment
            • Civil (legal) services assistance
            • Inpatient mental health treatment
            • Outpatient mental health treatment
            • Substance abuse treatment (independent from mental health treatment)
            • Integrated substance abuse and mental health treatment
            • Medication management
            • Individual psychotherapy
            • Group psychotherapy
            • Family therapy
            Court-supported services available after program completion:
            Yes
            Rewards and incentives applied to participants who adhere to terms of treatment plans:
            • Certificates or other tokens for completing stages of treatment
            • Graduation ceremonies
            • The court does not have a standardized list of rewards / incentives
            • Praise from the judge
            • Increased time between status hearings
            • Wrap around services such as help with clothing, home repairs, purchasing materials for school and employment, etc.
            • Extended privileges (e.g. where people are allowed to live, whom them may visit, furloughs and leaves of absence)
            Sanctions applied to participants who do not adhere to terms of treatment plans:
            • Jail
            • Expulsion from the program
            • Modifications in treatment plan (e.g. more frequent appointments with a case manager, adjustment to medications, increased drug screening, etc.)
            • The court does not have a standardized list of sanctions.
            • Judicial reprimands
            • Journal assignments
            • Increased frequency of status hearings
            • Increased supervision intensity (e.g. meetings with a probation officer or case manager, drug testing, visits to court on a normal docket day)
            • Home visits
            • Restriction of privileges (e.g. curfew, travel)
            • Community service

            Sustainability

            Court and service components funded by:
          • Federal funds
          • State funds
          • Municipal funds
          • Regional mental health funds
            • Has the court received media coverage?
            Yes
            Is there published research on the court program?
            No
            About this information:

            A program representative provided this information details through a detailed survey.

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