AAC F A M I L Y & F R I E N D S
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county jails has grown from approximately 5,000 in 2000 to now in excess of 7,600. Seventeen percent of the jail popula- tion has serious mental illness and approximately 68 percent has substance abuse disorders (alcohol or drugs). Most jails are not equipped to provide treatment and programming. Other states have realized that the costs of treatment of the mentally ill can be leveraged with Medicaid. Tose costs are much less than the costs and burden to the criminal justice system. Plus, the societal outcome is a healthier and safer community. Barbee further noted that the lion’s share of growth in the number of state inmates is not from new charges, but from pa- role revocation. Richard Wilson, deputy director of the Arkan- sas Bureau of Legislative Research, made an eye-opening pre- sentation on the historic growth in the budgets of the Arkansas Department of Corrections and Community Corrections from 1981 to date and projections to 2023. Te presentation is posted on the AAC website at http://
www.arcounties.org/public/userfiles/Corrections2016.pdf In essence, the general revenue budget for Community Cor-
rections has grown from $27 million in 1997 to more than $78 million in 2016. Te budget for Community Corrections is pro- jected to exceed $98 million by 2023. Meanwhile, the Arkansas Department of Corrections’ general revenue budget has gone from $120 million in 1997 to more than $336 million in 2016. Te budget for Arkansas Department of Corrections is projected to grow to more than $400 million by 2023. Te state inmate population growth in Arkansas is ranked among the highest na- tionally. Also, Arkansas ranks among the highest in the rate of recidivism. Diversion of the mentally ill from our criminal justice system is an absolute imperative. Recently, Arkansas Legislative Audit produced a special re-
port regarding the justice system in Arkansas, including state and local revenues and expenditures. It concluded that state- wide the counties’ annualized expenditure on the courts was more than $64 million while revenues retained by counties was $18 million. Te counties are therefore burdened with $46 million in excess spending each year on the courts. So the savings seen from the diversion of the mentally ill would save not only costs of incarceration, but also result in savings to the justice system as a whole. Te special report is posted on the AAC website at http://
www.arcounties.org/public/userfiles/CourtCosts.pdf. Criminal Justice Coordinating Committees
During the CJAA Fall 2016 conference, the county judges tackled in depth two other matters that may be tools in the in- tersection of behavioral health and the criminal justice system: criminal justice coordinating committees (CJCCs) and mental health courts. AAC Law Clerk Sarah Giammo provided the fol- lowing presentation to the CJAA: CJCCs are a tool for efficient allocation of the highly expen- sive resources of the criminal justice system. CJCCs facilitate
COUNTY LINES, FALL 2016
communication, the gathering and use of data and implemen- tation of state and local initiatives to divert the mentally ill and low-level drug and alcohol abusers to treatment instead of jail. Best practice suggests representation on the CJCC of various stakeholders: legal professionals such as judges, pros- ecutors, and public defenders; county officials and law en- forcement; medical and mental health professionals; and local community leaders. Data collection of certain data points is recommended, as well as setting up routine regular meetings and establishment of operational bylaws.
A copy of the legal memorandum on CJCCs is posted on
the AAC website at
http://www.arcounties.org/public/userfiles/ CJCCMemo.pdf.
Specialty Courts (Mental Health Courts)
Specialty courts seek to reduce the use of the criminal justice system and divert low-level offenders to treatment or program- ing. Craighead and Crittenden counties in the Second Judicial District established a mental health court program in 2009. It was initially funded by a grant from the Bureau of Justice As- sistance (BJA). Te grant provided funding for the first two years of operation, starting in 2010. Circuit Judge Victor Hill presides over the court. Te Craighead and Crittenden counties’ Men- tal Health Court team also includes prosecutors, mental health counselors, public defenders and probation officers. Te team meets weekly on the status of participants to determine if the court needs to address infractions, progress and new referrals. Te court entertains recommendations from the team members and then issues its orders on treatment or sanctions. A mental health court entertains referrals of candidates for participation by team members. A participant that is competent to enter a plea and is treatable, enters a plea — misdemeanors in district court and felonies in circuit court — and commences treat- ment immediately. Under Arkansas Supreme Court Administrative Order No. 14 and Ark. Code § 16-10-139, Arkansas circuit courts and district courts are permitted to establish special courts, includ- ing mental health courts, drug courts, veteran’s courts, juvenile drug court, “smarter sentencing” court, “HOPE” court, DWI court and a mental health crisis intervention center. Te law also allows the establishment of pre-adjudication programs as pro- vided by Ark. Code § 5-4-901 et seq. and the Swift and Certain Accountability on Probation Pilot Program under Ark. Code §16-93-1701. Te Arkansas Supreme Court must approve any specialty court program operated by a circuit court or district court in the state. Its plan must be submitted under Arkansas Supreme Court Administrative Order No. 14. Many of these specialty courts operate with similarly trained and equipped staff. Te key to launching a specialty court in a judicial district is a willing and able judge.
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