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​​ISSUE BRIEF:  Criminal Justice
Advising to reduce incarceration and recidivism.

​​Social and financial costs are high when a person with serious mental illness (SMI) or Substance Use Disorder (SUD) is incarcerated if they otherwise could be in the community, have treatment, have access to medication, and still be accountable. 

Statistically High Incarceration

80% of those incarcerated in CA jails and prisons have SUD (General population percentage in CA is 9.2%)  (CCJBH PP Page 5)
36% of those incarcerated in CA jails and prisons have a mental illness. General population percentage in CA is 15.9%) (CCJBH PP Page 5)

Reducing Incarceration:  Tools/Best Practices

  1. SUD & SMI Prevention & Early Intervention
  2. Triage Programs:  Mental Health support services in:
    1. Shelters
    2. Hospitals & Clinics
    3. Sobering Centers
    4. Schools
    5. Crisis Stabilization Units
    6. Mobile Crisis Units
    7. Peer Respite Services
  3. Crisis Intervention & DeEscalation Trainings are
    required for law enforcement personnel.
  4. Mental Health Court |  Drug Court   Young Adult Court | Homeless Court
  5. Laura’s Law/Assisted Outpatient Therapy
  6. CARE Act (Community Assistance, Recovery & Emplowerment Act)
  7. Post-Release Support: Connection to health/mental health/drug & alcohol treatment services and social services, including Medi-Cal 90-day in-reach and Enhanced Care Management.
 
More info:  calbhbc.org/jails--prisons.html

Advice/Resources for Reviewing Services & Facilities

Speakers: Invite speakers to address:
  • · Mental Health services/programs
  • · "Warm Hand-Offs” - Access to MH/BH services and social supports (eg. vocational, housing) in preparation and upon release.
  • · “Sequential Intercept Model” (next page)
  • Recommended speakers:  Jail Warden/staff, BH Director/staff, related Contractors/staff, Probation Director/staff.
 
Patients Rights Advocates (PRAs): Federal disability rights laws mandate equal access to programs, services and activities for all people with disabilities in custody.  PRAs are authorized to review the mental health programs in jails.  Invite PRAs to participate at monthly meetings. 
 
Site Visits (access varies by jurisdiction).
 
Board Liaison: Ask one of your local board/commission members to attend the local Community Corrections Partnership (AB 109) Committee meetings and report back to your local board/commission.
 
Grand Jury Annual Reports: One of the civil grand juries’ duties is to look into the quality and management of the county’s jails and prisons. Links to reports.

Removing Charges for Individuals with SMI
Before or After Incarceration

​

 1. Charges dismissed PC 1001.35 - 36
2. Expungement  PC 1203.4 - .4a

The Sequential Intercept Model

The Sequential Intercept Model is a tool to help counties identify programs and resources and how best to coordinate them. This model was developed in the 1990s in response to the high prevalence of mental illness in people involved in the criminal justice system.3
Picture
Graphic description: Under the model, interventions occur along a continuum, beginning with crisis services and progressing to a call to law enforcement or emergency services, initial detention and court hearings, jail and prison, re-entry into communities, and, finally, community supervision. Intercept 0 includes the following crisis care community services to include crisis lines, 911 and interaction with local law enforcement. Intercept 1 includes interaction with local law enforcement that can lead to an arrest. Intercept 2 includes the initial detention and the first court appearance. Intercept 3 includes the jail and dispositional court or specialty court. Intercept 4 can include an interaction with the specialty court and includes prison and jail reentry. Intercept 5 includes the community correction services of parole and probation, and the continual interaction with the specialty court. ​More info at: “Together We Can: Reducing Criminal Justice Involvement for People with Mental Illness” MH Services Oversight & Accountability Commission (MHSOAC) 2017 Page 29: “Planning for Prevention and Diversion”.
​1 Steadman, H. J., Osher, F. C., Clark Robbins, P., Case, B., & Samuels, S. (2009). Prevalence of SMI among jail inmates.    Psychiatric Services, 60(6), 761-765
2 Skeem, J., Manchak, S., Peterson, J.K. (2011). Correctional policy for offenders with mental illness: creating a new paradigm for recidivism reduction. Law & Human Behavior, 35, 110-126.
3 Munetz, M. R., & Griffin, P. A. (2006). Use of the sequential intercept model as an approach to decriminalization of people with SMI. Psychiatric Services, 57(4), 544-549. 
California counties map by behavioral health region, showing 58 counties plus Berkeley and Tri-Cities. (Sutter and Yuba Counties are one jurisdiction). Southern Region in Green, Los Angeles Region in Turquoise, Central Region in Orange, Bay Area Region in Yellow and Superior Region in Blue
​CA counties map by behavioral health region, showing 58 counties plus Berkeley and Tri-Cities. (Sutter and Yuba Counties are one jurisdiction). View map.
The california association of local behavioral* health boards & commissions (cALBHB/C) supports the work of california's 59 local behavioral health boards and commissions by providing resources, training, Technical Assistance. 

Local boards are responsible** for reviewing public behavioral health needs, services, facilities and special problems, and serve in an advisory capacity to local governing bodies and local behavioral health directors. 
​


​*"Behavioral" Refers to Mental Health as well as Alcohol and Drugs.
**CA Welfare & Institutions Code (WIC) 5604

Donations are welcome. CALBHB/C is a nonprofit organization.