24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

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

March 21, 2024 Uncategorized

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.

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.

Resources

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now