John McCarthy is the Montgomery County state’s attorney.
As a prosecutor for many years, and earlier as a public defender, I saw the tragic impacts of the massive deinstitutionalization of patients from psychiatric hospitals. The criminal justice system became a dumping ground for many of these souls. From 2011 to 2015, the number of people “booked” in Montgomery County who needed mental health care skyrocketed from 1,011 to 2,137.
Reform was imperative. I concluded that mental health treatment courts were essential. After years of running into roadblocks, in 2015 I proposed a blue-ribbon task force that the Circuit Court administrative judge created. Assembled and chaired by former county council member Phil Andrews, whom I hired to jump-start the initiative, the group unanimously agreed on an implementation plan for mental health courts. The county executive and council and the state judiciary promptly provided funding.
Montgomery’s mental health courts recently began their fifth year. They have worked — including during the pandemic — to reduce crime and unnecessary incarceration and help people get their lives back on track. Encouragingly, the number of these courts is growing.
Although homicides, rapes and armed robberies dominate the headlines about crime, the great majority of offenses are low-level ones such as thefts, drug possession, disorderly conduct and trespass. When someone who has a mental illness is arrested, it is usually for a misdemeanor offense. Without treatment, many are arrested repeatedly for the same offenses because the underlying cause of their criminal behavior has not been addressed. That is an inhumane approach, and no solution.
Anyone, including family members, can recommend a defendant for mental health court. Enrollment is voluntary, but compliance with the rigorous 12- to 18-month treatment program is not, with graduated sanctions for violations. Acceptance requires an assessment by a mental health professional and a criminal history that does not threaten public safety. Some participants require supervised housing; all must live in court-approved housing, take any prescribed medications and abstain from alcohol and other drugs. Participants check in weekly with a mental health court judge and more frequently with their case manager and clinician. Less than 10 percent have been rearrested.
When the coronavirus hit, the Circuit and District courts deemed continuation of mental health court operations essential. The lead judges of the mental health courts quickly pivoted to virtual dockets. This allowed sessions to continue safely and prevented inappropriate incarceration during a perilous time.
The mental health court may be the most recent addition to Montgomery County’s diversion programs, but it does not stand alone. The Adult Drug Court diversion program designed by now-retired Judge Nelson Rupp has graduated more than 200 individuals who would likely otherwise be dead or in jail. From 2016-2019, our alternative community service program has diverted 8,871 first-time offenders from the traditional criminal docket to public service in lieu of prosecution. An additional 2,515 charged with minor drug possession have been diverted to education programs that, if successfully completed, resulted in the charge being dismissed. Teen diversion programs, mediation and restorative justice programs within our schools also have contributed to a more intelligent approach to fighting crime. These diversions are in addition to our halting the criminal prosecution of marijuana possession six years ago.
These and other diversion programs have helped thousands of our diverse county residents avoid a criminal record and/or jail. Extensive use of these programs and policies make our criminal justice system more just and saves tax dollars by reducing recidivism and incarceration. These programs have contributed to a decrease in crime of more than 25 percent, and we are a safer community.
The duty to pursue equal justice under the law requires diverting people from jail who shouldn’t be there. That’s not only just, it’s smart policy as well.
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