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Bloomberg REUTERS Jonathan Ernst

Plan to help mentally ill defendants launched by NY mayor

12/24/2012 COMMENTS (0)

By Jessica Dye

NEW YORK, Dec 24 (Reuters) - With the number of mentally ill inmates in New York on the rise, city officials have announced a new initiative to help identify and address the mental health needs of defendants who wind up before the city's criminal courts.

During his weekly radio address on Sunday, New York City Mayor Michael Bloomberg said the program will give judges a new third option between release and incarceration for criminal defendants whose mental health issues can be successfully managed outside jail.

At the moment courts only have two options, incarceration or release on bail. There is no alternative to address their mental health needs while defendants' cases are pending, said a spokeswomen for the mayor's office, Samantha Levine.

New York state already has what are known as mental health courts designed to handle cases involving mentally ill defendants accused of non-violent crimes, with a dedicated judge and specialized staff to address their particular needs.

The focus of those courts is the outcome of the case, while the focus of the mayor's new program will be the defendant's treatment and incarceration while his or her criminal case is pending.

The number of inmates with mental health issues has been climbing in recent years, according to the mayor's office. About 36 percent of inmates in New York City have some form of mental illness, compared to less than 25 percent in 2005, as do 58 percent of female inmates and 42 percent of inmates between the ages of 16 and 18, the city said.

In a statement, Bronx District Attorney Robert Johnson welcomed the additional attention that the new program will put on mental health issues in the criminal justice system.

"Far too often, we have observed mental health issues to be among the factors leading people into the criminal justice system," he said. "For at least a decade, we have been placing an emphasis on treatment when it can be done without jeopardizing public safety."

PLAN DETAILS

Under the new program, a court-based intervention and resources team will quickly gather data and make recommendations to judges about mentally ill defendants who have been arrested. Those who have a significant mental health issue but do not pose a serious risk of rearrest or flight will be released to community-based supervision and services while their criminal cases were pending.

A defendant who does not seem likely to commit another offense but may be a flight risk will be eligible for new alternatives to incarceration in which he or she can receive mental health treatment and care, according to the mayor's office.

Defendants who are a danger to the community or might not appear before the court will not be eligible for diversion, the mayor's office said.

The judge in each case will evaluate the information about the defendant's condition and have the final say about how he or she is treated.

The administrative judge of the New York City criminal courts, Barry Kamins, had no immediate comment on the program, saying he had reached out to the mayor's office for more details on how it would operate.

The announcement comes just weeks after a gunman suspected of suffering from a mental health condition, Adam Lanza, killed 26 people in a rampage at an elementary school in Connecticut.

In his statement announcing the program, Bloomberg also said that in addition to lowering incarceration rates and expenses, it is designed to help courts better identify and tailor how it handles a defendant's specific risks and mental health needs.

"If more New Yorkers who need mental health care and community support can be helped to get their lives on track when they've run afoul of the law, we will all be better off," Bloomberg said. "No one needs to be reminded any more of just how important it is to get this group of people the care they need."

Bloomberg said the program is also designed to help lower the rates of unnecessary incarcerations of the mentally ill. City data shows that mentally ill defendants are less likely to be able to post bail and more likely to stay in jail, for longer periods of time, than inmates without mental health issues, even if they have committed similar crimes.

That's because they often have fewer financial resources or friends and family members to rely on, the mayor's office said.

The program, which is scheduled to start Jan. 1, will cost the city approximately $3.3 million in start-up costs. The city believes that it will save enough in incarceration costs to pay for itself by its third year.

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