Possible establishment of alternative mental health court gaining traction here

Oct. 24--DURHAM -- Mentally ill defendants charged with minor offenses would receive treatment instead of jail time if Durham gets a mental health court -- a proposal that's gaining traction.

Court officials and county commissioners favor the idea. But turning that hope into reality will require funding, probably from local government.

Durham's Chief District Court judge, Marcia Morey, said the purpose of the court would be to send those who commit minor misdemeanors like shoplifting to treatment and end the revolving door at the Durham County jail.

"We see mental health court as a significant issue," Morey said. "Linking them with good, wraparound mental health services is very important. We're trying not to contribute to the mass incarceration of the mentally ill, but to get them help so they can get out of the cycle of being arrested and put in jail."

Morey said mental health court would initially be part of Durham County District Court, where misdemeanors like larceny and trespassing are heard. She said money to fund the court will likely have to come from local government, because there are no state funds for it.

Morey said she and Durham County commissioners believe creating the court "is the right thing to do."

"Incarcerating people whose actions are because of mental illness isn't going to help anybody," Morey said.

Durham County Commissioner Ellen Reckhow has advocated a mental health court in Durham for the past three years. She said she visited Forth Worth, Texas, in 2012 and learned how successful its mental health court is.

"I came back very enthusiastic that it would be ideal for Durham," Reckhow said.

She and other Durham officials later visited mental health court in neighboring Orange County "and saw the good work going on there."

"We found that it served the mentally ill better and saved money, because there's often a revolving door where mentally ill people who don't get appropriate treatment are re-arrested. By taking a more comprehensive, systematic approach to their care, they're able to get on the path to wellness."

Court involvement "makes the stakes higher and gets everyone engaged," Reckhow said. "If people don't attend their treatment sessions, consequences come in and they may end up in jail."

But jail is often the wrong place for a person with mental illness and can make their condition worse, she said.

Reckhow said she will "definitely consider" voting to fund mental health court for Durham.

"I think it would save money, overall," she said. "I think this will be a priority for our board."

Also on board with the idea is Durham County District Attorney Roger Echols, who believes identifying defendants with mental illness and treating them could reduce crime.

"Most stakeholders in the criminal justice system agree that mental illness is a significant factor in criminal justice," Echols said. "While mental illness does not always totally eliminate culpability, identification and treatment of mental illness may decrease crime while making more productive citizens out of those who suffer from mental illness."

Echols said a mental health court would be effective in identifying defendants whose crimes were affected by their disease and diverting them into treatment.

"While we are fortunate to have many mental health treatment options available in our community, funding to treat individuals could be an issue," Echols said. "A mental health treatment court could be the necessary judicial component to mental health as it relates to crime and punishment."

Lawrence Campbell, chief public defender at the Durham County Public Defender's Office, said he supports a mental health court if it's fully funded.

"That would include clerks, judges, bailiffs, defense attorneys and prosecutors," Campbell said. "This is no small undertaking. But if it can be adequately funded, it would be a great thing for Durham County."

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