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24 Dev. Mental Health L. 1 (2005)

handle is hein.journals/dvmnhlt24 and id is 1 raw text is: DEVELOPMENTS IN MENTAL HEALTH LAW The Institute of Law, Psychiatry & Public Policy - The University of Virginia Volume 24, Number 1 January 2005 Mental Health Courts: Moving Beyond the Drug Court Model MHCs are relatively new in the realm of therapeutic adjudication. Of particular concern is whether the basic drug court model is appropriate for dealing with the special issues presented by offenders with a mental illness. By Lacey R. Parker* Abstract. Mental Health Courts (MHCs) currently enjoy significant political support and popularity. Hailed as a solution to crowded prisons, strapped state and local budgets, and concerns about the welfare of offenders with a mental illness, since 1997 over a hundred of these courts have been established. MHCs also appear successful. Although research is preliminary, there are indications that MHCs provide offenders with a mental illness a more positive experience than the traditional criminal justice system. Using drug courts as a model for therapeutic justice has offered jurisdictions a readily accessible vehicle for creating and maintaining MHCs. As MHCs continue to develop and expand, deviation from the drug court model will lead to better and more effective treatment for mentally ill offenders. Introduction Therapeutic courts have enjoyed a recent surge in popularity. These courts provide an alternative to the traditional criminal justice Also in this issue: ILPPP Educational Programs. 16 Andrew H. Ellis, Incorporating Mental Health Assessments of Future Dangerousness into Pretrial Detention Decisions... 17 Supreme Court Cases ...... 33 Virginia Cases ...................... 36 Other Federal Court Cases ..... 45 Other State Court Cases ......... 49 system and focus on rehabilitation rather than deterrence or retribution.1 Rather than rely on the adversarial model where the state is pitted against the defendant, these courts seek to promote a coordinated and integrated J.D. (anticipated), University of Virginia School of Law, 2005. 1 Christin E. Keele, Criminalization of the Mentally Ill: The Challenging Role of the Defense Attorney in the Mental Health Court System, 71 UMKC L. REV. 193, 202 (2002).

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