Sarpy County Piloting New Mental Health Court
Sarpy County has announced the launch of Nebraska’s first mental health court, a problem-solving court designed to help people with severe mental heatlh issues find rehabilitation instead of incarceration.
The idea for a mental health court came back in 2016, when the Nebraska Legislature broadened the definition of problem-solving courts to include mental health. In 2020, the Legislature approved funding for the Nebraska Supreme Court to create a pilot program.
After the supreme court created a set of guidelines, Sarpy County was chosen to pilot the court. The county refers to the initiative as the county’s Wellness Court.
“We are proud to serve as the pilot site for Wellness Court,” Chief Deputy Sarpy County Attorney Bonnie Moore said in a news release. “This is about giving people resources and helping them build skills so they can manage their mental health and don’t commit crimes again.”
Statistics show that this type of program is much needed in Nebraska. Upwards of 56% of those incarcerated in the state have at least one mental health diagnosis, The Lincoln Journal Star reported in a 2018 article.
“We’re seeing more and more people enter the criminal justice system who have severe mental health diagnoses. Because of a lack of resources, we’re incarcerating those individuals instead of addressing the treatment they need,” said District Court Judge Stefanie Martinez, who will preside over the court. “We’re extremely grateful for and hopeful about this opportunity to assist these individuals in our community. This wouldn’t be possible without the support of the Nebraska Legislature, the Nebraska Supreme Court or Sarpy County.”
The court continues the county’s efforts to decriminalize mental illness, said Sarpy County Board Chairman Don Kelly.
“Wellness Court is the kind of programming that addresses the root cause of crime, while ensuring accountability through regular progress check-ins,” Kelly said. “We look forward to Wellness Court creating better outcomes for individuals, families and our communities.”
The program is voluntary and will be available to those diagnosed with a serious mental health issue and charged with a nonviolent felony. Participants are required to pass a competency evaluation and plead guilty to their charge, which is the same process used by other problem-solving court, such as those for veterans or those with drug dependency.
“We want to give people who are suffering with serious mental illnesses a way out of the justice system,” Sarpy County Public Defender Chris Lathrop told The Daily Record in an interview. “We’re trying to decriminalize mental health issues that people have. We want to get them into the program, get them stabilized on some sort of treatment, and build a support team around them so they are successful when they leave the program.”
The treatment plan involves regular meetings with the judge, prosecutor, defense attorney, treatment providers, probation officers and law enforcement officers. There will be a focus on finding participants stable housing, avoiding drugs and alcohol and finding community-based treatments and services to refer them to after the conclusion of the program.
There is no set time limit on the program so long as the participant continues to obtain treatment. However, if they violate the terms of the court, they can be removed from the program and face regular sentencing.
Lathrop hopes that the focus on problem-solving courts and other alternatives to incarceration will continue into the future. He said it’s a great starting point.
“I think the focus of the legislature, and even the Supreme Court, in the last five to 10 years has shifted from simply incarcerating people to trying to find alternatives to incarceration,” Lathrop said. “ It probably should’ve been started even before the drug courts, because it’s something that the person who has the mental illness doesn’t have any control over.”
Sarpy County has begun the process of screening potential participants, and the court is expected to launch this month.
“This is a huge opportunity for participants to have charges removed from their record,” said Creston Ashburn, Sarpy County’s Drug Court Coordinator who will also oversee Wellness Court. “I’ve kept in contact with Drug Court graduates who are pushing 15 years of sobriety. Our goal with Wellness Court is similar: to see individuals manage their mental health, to be able to obtain employment and to become successful.”
If you are interested in becoming a peer support specialist for the Sarpy County Wellness Court, call Ashburn at 402-593-2132.
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