Legislation designed to divert non-violent misdemeanor offenders with mental health problems away from the country's jails and prisons has been signed by President Clinton.  The legislation, America's Law Enforcement and Mental Health Project, provides $10 million each year for four years to fund 100 mental heath courts that will help place these offenders in treatment rather than behind bars. 

'The importance is on the one hand very practical and on the other symbolic of a growing consciousness among politicians and mental health providers that we've got a serious problem in the way we are criminalizing mental illness,' said U.S. Rep. Ted Strickland (D-Ohio), who was one of the authors of the original bill.

With estimates that 16 percent of all inmates in the nation's prisons and jails are mentally ill, many jurisdictions have already devised methods to handle the numerous offenders with mental health problems. Mental health courts have become popular in jurisdictions such as Broward County, Florida and King County, Washington, among others.

Although specific criteria for grant applications will be clarified by the Department of Justice next year, the legislation does define for corrections agencies the components of a mental health court.

Mental health court programs will provide:

• continuing judicial supervision over preliminarily qualified offenders with mental illness, mental retardation or co-occurring and substance abuse disorders who are charged with misdemeanors
• coordinated delivery of services including:
• specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender
• voluntary outpatient or inpatient mental health treatment in the least restrictive manner appropriate as determined by the court, that carries the possibility of dismissal of charges or reduced sentencing upon successful completion of treatment
• centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant's cases, including violations of probation and coordination of all mental health treatment plans and social services, including life skills training, vocational training, education, job placement, health care, and relapse prevention for each participant who requires such services, and
• continuing supervision of treatment plan compliance for a term not to exceed the maximum allowable sentence or probation for the charged or relevant offense and, to the extent practicable, continuity of psychiatric care at the end of the supervised period.

Under the legislation, applications for the grant funds, which will not exceed 75 percent of the total costs of the program, should include:

• a long-term strategy and detailed implementation plan
• explain the applicant's inability to fund the program adequately without Federal assistance
• certify that federal support will be used to supplement and not supplant statem Indian tribal and local sources off funding that would otherwise be available
• identify related governmental or community initiatives which complement or will be coordinated with the proposal
• certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the state mental health authority
• certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program
• specify plans for obtaining necessary support and continuing the proposed program following the conclusion of federal support 
• describe the methodology and outcome measures that will be used in evaluating the program
• certify that participating first time offenders without a history of a mental illness will receive a mental health evaluation.

Strickland said applications should be specific about how the court will run, the services provided and the criteria for participant selection.