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Who Qualifies for Mental Health Court in New York City? The Process

Who Qualifies for Mental Health Court in New York City? The Process

Mental health courts in New York City are specialized court programs that aim to divert individuals with mental illnesses away from incarceration and into community-based treatment plans. According to the New York State Unified Court System, the goal of mental health courts is to “improve public safety by addressing the root causes of criminal behavior in a segment of the mental health population through on-going judicial supervision, court monitoring of treatment, and periodic reviews.”

Eligibility Criteria

To be eligible for mental health court in New York City, an individual must meet the following criteria:

  • Have a diagnosed mental illness such as schizophrenia, bipolar disorder, or major depression. Substance use disorders may also qualify if occurring together with another mental illness.
  • Be 18 years of age or older.
  • Face non-violent felony or misdemeanor charges in New York City criminal court.
  • Voluntarily agree to participate in the mental health court program.
  • Be deemed eligible by the District Attorney’s office and the judge assigned to the mental health court.

According to posts on Reddit, the District Attorney ultimately decides who gets into mental health court. Factors they consider include the person’s criminal history, diagnosis, need for treatment, and risk to public safety. Judges tend to agree with the DA’s recommendations.

The Referral and Screening Process

There are a few ways an individual can be referred to mental health court in New York City:

  • A defense attorney or prosecutor makes a referral after charges are filed.
  • Court clinicians conduct mental health screenings after an arrest and refer appropriate candidates.
  • Judges, case workers, or family members also make referrals.

According to information on Avvo, once a referral is made, candidates undergo an extensive screening process, including:

  • Verification of their diagnosis by court-appointed psychiatrists
  • Assessment of risk, treatment needs, and willingness to participate
  • Review of criminal history and current charges

Prosecutors especially look at the candidate’s current charges and criminal record to determine if they may pose a risk to public safety. Non-violent misdemeanors and felonies are more likely to get approved.

The Mental Health Court Program

If deemed eligible, the candidate signs an agreement to participate in the specialized mental health court program. The programs last for 12-24 months on average and require the participant to adhere to an intensive community-based treatment plan instead of serving jail time.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

According to the New York State Unified Court System, mental health courts provide:

  • Ongoing court monitoring to motivate engagement in treatment
  • Regular communication between the court team and treatment providers
  • Rewards and sanctions to reinforce or deter behavior
  • Graduated levels of responsibility to recognize progress

The court team is made up of the judge, attorneys, court clinicians, case managers, and parole/probation officers. Together they closely monitor the participant’s compliance with court mandates and treatment plans.

Treatment plans are highly customized and may include medications, counseling, substance abuse treatment, job training, housing assistance, and other recovery-oriented services. The plans aim to address the root causes behind criminal behavior.

Graduation and Benefits

To graduate from mental health court in New York City, participants must complete all phases of the program, adhere to treatment plans, abstain from substances, engage in vocational/educational services, and refrain from criminal conduct.

According to information on FindLaw, upon graduation, participants may be able to get their charges lessened or dismissed. Other benefits include:

  • Avoiding jail/prison time
  • Having criminal records sealed for certain charges
  • Resuming progress towards personal goals
  • Gaining tools and services to manage illness long-term

Mental health courts do not guarantee avoided incarceration or dropped charges. But for eligible participants, they provide a structured path to stability, treatment, and staying out of the criminal justice system.

Conclusion

Mental health courts offer eligible defendants with mental illnesses an alternative to incarceration through court-monitored treatment plans. Candidates must undergo extensive screening by court psychiatrists, judges, and attorneys who assess their risk, needs, diagnosis, charges, and willingness to participate. The programs last 12-24 months on average and feature customized community-based services. Upon graduation, participants may be able to get charges dismissed or reduced. When utilized as intended, mental health courts can improve outcomes for people with mental illnesses involved in the justice system.

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