This page is designed to provide magistrates, municipal judges, court administrators, clerks, prosecutors, juvenile case managers, and other court support personnel with resources related to mental health. One in five adults in the U.S. have a mental illness (NAMI, 2019). According to the Department of Justice, 75 percent of female inmates and nearly 63 percent of male inmates in local jails have a mental health problem (Bureau of Justice Statistics, Special Report, Mental Health Problems of Prison and Jail Inmates, September 2006). Before arriving in the criminal justice system, these individuals have frequently fallen through the “safety net” of families, hospitals, and community-based treatment providers. (Denckla, Derek & Berman, Greg, Rethinking the Revolving Door, A Look at Mental Illness in the Courts, Center for Court Innovation, 2001). Once they reach the courts, defendants with mental illness pose significant challenges for the courts.
Local, State, and National efforts have been underway as the concern grows for defendants with mental illness in the criminal justice system. Municipal courts not only see the highest volume of defendants in the Texas criminal justice system, but also have jurisdiction over the offenses most likely to be manifestations of mental illness and co-occurring disorders (mental illness and substance abuse).
Publications
The National Judicial Taskforce to Examine State Courts’ Response to Mental Illness was established by the Conference of Chief Justices and Conference of State Court Administrators in March 2020 to assist state courts in their efforts to more effectively respond to the needs of court-involved individuals with serious mental illness. It has developed tools, resources, best practices, and policy recommendations for the state courts. This includes a Publications and Resources document. In July 2022, the taskforce released findings and recommendations.
Municipal Courts: An Effective Tool for Diverting People with Mental and Substance Use Disorders from the Criminal Justice System (Report prepared for the Substance Abuse and Mental Health Services Administration (SAMHSA) by Policy Research Associates, Inc.)
Peers in Courts (National Judicial Taskforce to Examine State Courts’ Response to Mental Illness) is a Behavioral Health State Court Leadership Brief developed with funding from the State Justice Institute. This brief describes different types of peers in court settings, the roles peers can play in court, lessons from the field with examples of peers in the courts, and links to additional resources.
The Recorder (August 2020 Issue) This issue of TMCEC’s journal features multiple articles and resources related to mental health, including a feature article on Class C misdemeanors and mental health procedures.
The Texas Health & Human Services Commission has a Suicide Prevention webpage with resources, warning signs, and crisis lines (including information on the new 988 suicide and crisis lifeline), Download the Suicide Prevention Wallet Card (PDF).
TMCEC Webinars
For mental-health-related webinars, go to the TMCEC Online Learning Center and search “mental health.”
TMCEC Forms
TMCEC Online Forms Book: Forms Related to Mental Health
Agencies
Judicial Commission on Mental Health
Office of Court Administration (OCA): Mental Health Training Materials
- New Jail Screening and Mental Health Procedures
- Competency Restoration Flowchart
- Screening Assessment Flowchart
- Mental Illness Magistrate Assessment Form
- Guide for Addressing the Needs of Persons with Mental Illness in the Court System
- S.B. 1326 Reporting Guidance and Updated Reporting Instructions
Texas Department of Health and Human Services (HHSC)
Local Mental Health Authorities
National Alliance on Mental Illness (NAMI)
National Center for State Courts (NCSC): Behavioral Health (resources and support from experienced court professionals and behavioral health experts)
The Council of State Governments Justice Center
Foundation for Advancing Alcohol Responsibility, Computerized Assessment and Referral System (CARS), an assessment project addressing co-occurring mental health and substance abuse disorders
GAINS Center for Behavioral Health and Justice Transformation (SAMHSA)