Chapter III: Pretrial Issues, Adjudication and Sentencing
Policy Statement 11: Pretrial Release/Detention Hearing
Recommendation h: Expand the options available in rural areas to provide mental health services for people with mental illness who are charged with a criminal offense.
Many pretrial services practitioners in rural jurisdictions admit that the typical action taken at a pretrial release hearing involving a defendant with mental illness is that a money bond is set. Few, if any, options exist for those requiring attention to their mental illness, and judges believe that they have no alternatives but to set a money bond. Most often that bond is unattainable for the defendant, who then spends the next several weeks or months in jail while the case is adjudicated. This is an outcome that satisfies no one - judge, prosecution, defense, or defendant. In fact, the person with mental illness in all likelihood will decompensate quickly. As noted in the discussion of expanding pretrial diversion options in rural areas, a possible approach to expanding mental health resources may be with the use of mobile units and telemedicine. (See Policy Statement 18: Development of Treatment Plans, Assignment to Programs, and Classification / Housing Decisions, for more on telemedicine.)

