A multi-site study of the use of sanctions and incentives in mental health courts

Law and Human Behavior
Lisa CallahanRoumen Vesselinov

Abstract

Mental health courts (MHCs) have become widespread in the United States as a form of diversion for justice-involved individuals with mental illness. Sanctions and incentives are considered crucial to the functioning of MHCs and drug courts, yet with little empirical guidance to support or refute their use, and there are no definitions of what they are. The use of sanctions and to a lesser degree incentives is the focus of this article, with particular emphasis on jail sanctions. Subjects are participants (n = 447) in four MHCs across the United States. Results show that jail sanctions are used in three of four MHCs, and other sanctions are similarly used across the four MHCs. Participants charged with "person crimes" are the least likely to receive any sanctions, including jail, whereas those charged with drug offenses are most often sanctioned. The factors associated with receiving a jail sanction are recent drug use, substance use diagnosis, and drug arrests; being viewed as less compliant with court conditions, receiving more bench warrants, and having more in-custody hearings; and MHC program termination. No personal characteristics are related to receiving sanctions. Knowing which MHC participants are more likely to follow...Continue Reading

Citations

Mar 25, 2014·International Journal of Law and Psychiatry·Michelle Edgely
Oct 30, 2016·International Journal of Offender Therapy and Comparative Criminology·Jessica J AsscherPeter H Van der Laan
Aug 26, 2020·Journal of Interpersonal Violence·Donald M LinhorstP Ann Dirks-Linhorst
Jan 17, 2017·Psychology, Crime & Law : PC & L·Kelli E CanadaDavid Albright

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