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POLICY RECOMMENDATIONS Human Health
Policy Recommendation 2:
States can consider investigating the positive human health impact and cost-savings potential of problem-solving courts for individuals with substance use disorders or behavioral health needs.
The Human Health Subcommittee approved this recommendation citing positive experiences that subcommittee members have had with problem-solving courts in their respective states. The subcommittee finds these courts can better address the needs of individuals with substance use disorders and/or behavioral health needs. This can be achieved through state investigations of the positive human health impacts and cost-savings potential of problem-solving courts.
prisons jails make painfully clear that our criminal justice system is not designed to treat those concerns. Problem-solving courts address this tragic inadequacy by giving participants the support and resources needed to escape what can be a riptide of arrests and incarceration.”
According to the Bureau of Justice Statistics, in 2018 over two million people were held in federal and state prisons or jails.1 Among individuals in the prison population, there are substantial rates of mental health issues2 and substance use disorders.3 The disparate impact of COVID-19 on justice-involved populations will likely increase these percentages.4 A 2021 evaluation by the U.S. Department of Justice Office of Justice Programs found that adult treatment court participants reported less drug use (56% vs. 76%) than comparable individuals; and this reduced system costs an average of $5,680 to $6,208 per individual compared to those that underwent traditional case processing and supervision.5
Adult treatment court participants reported less drug use (56% vs. 76%) than comparable individuals.
Community-based behavioral health needs to be widely available for all people that have or are being released through the justice department. While many are beginning a new stage of life, most, if not all, are still dealing with substance or behavioral health disorders. The Substance Abuse and Mental Health Services Administration (SAMHSA) stated that “In many communities, people with behavioral health disorders cannot access adequate community-based services and find themselves channeled into the justice system.”6 Rather than arresting people in need of support and treatment, states should invest in problem-solving courts to better pair the need of justice-involved individuals with proper support and treatments.
States can have a positive impact on this issue by examining the eight principles of community-based behavioral health services for justice involved individuals that are laid out by the SAMHSA. Their framework for facilitating collaboration between criminal justice professionals and community providers and integrating physical and behavioral health can be further adapted into state legislation.
State Examples
In Kentucky, a Mental Health Court program provides individuals who have been charged with a felony or misdemeanor charge and are also diagnosed with an underlying mental illness or substance use disorder an opportunity to have their charges dropped upon program completion.7
In Colorado, the Denver RESTART (Recognizing and Establishing Smart Treatment Alternatives for Recovery and Transition) District Court is for individuals arrested on their fourth or subsequent driving under the influence, driving while ability impaired or DUI Per Se offense. The court offers an alternative to lengthy incarceration, it is a multi-phase program that includes conviction, jail and probation sentence; intensive community supervision; treatment; and substantial judicial oversight.8
Additional Resources
The Council of State Governments State Leader Policy Brief: Human Health (2022) — https://web.csg.org/csghealthystates/ wp-content/uploads/sites/23/2022/05/Healthy-States-National-TaskForce-Policy-Brief-Strategies-for-Improving-Health-Equity.pdf
This reduced system costs an average of $5,680 to $6,208 per individual compared to those that underwent traditional case processing and supervision.
