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Summit County to begin 1st felony-level mental health docket
SHERRY KARABIN
Legal News Reporter
Published: September 7, 2018
Akron, Stow and Barberton municipal courts all have mental health dockets, which provide an alternative to incarceration for individuals with certain mental illnesses who are charged with misdemeanor crimes. However, Summit County courts don’t offer the same option to those facing low-level felony charges.
But that’s about to change as Summit County Common Pleas Court Judge Alison Breaux prepares to unveil HOPE (Healing, Opportunity, Progress and Empowerment) Court this month––the first felony-level mental health docket in the county.
“I took the bench in January 2017 and it did not take me long to realize how many people are involved in the criminal justice system who are actually suffering with a mental illness,” said Judge Breaux. “I wanted to offer these individuals an alternative that would actually address the reason they keep getting into trouble.”
Unsure what the best course of action would be, she spoke to Akron Municipal Court Judge Annalisa Williams, Stow Municipal Court Judge Lisa Coates and Barberton Municipal Court Presiding Judge David Fish.
She also sought advice from her mentor Cuyahoga County Common Pleas Court Judge Michael Donnelly.
“Judge Donnelly was running a mental health docket in Cuyahoga County so I thought he would be a great source,” said Judge Breaux. “He suggested I take a year to observe and see if it was something I was still interested in doing.”
Come January 2018, she said she was determined to get the ball rolling.
“In February, I began speaking with different agencies in Summit County such as the Summit County ADM Board, NAMI (National Alliance on Mental Illness) and Community Support Services, which deal with mental illness, to gauge the need for a mental health court,” said Judge Breaux.
She said the urgency communicated by the agencies was crystal clear.
Shortly after, she reached out to the Ohio Supreme Court to research what was needed to start a specialized docket.
“In compliance with the Supreme Court certification process, I drafted the necessary materials and they were submitted on Friday, Aug. 10,” she said.
Since certification isn’t required prior to starting the court, Judge Breaux anticipates it will begin on Sept. 10.
The judge’s bailiff, Aja Mixon, will serve as the coordinator for HOPE Court.
“I am very excited about the docket,” said Mixon. “It’s definitely needed in order to get people with mental health disorders out of the continuous cycle of release and reincarceration.”
Judge Breaux said prosecutors, defense attorneys, judges and treatment providers will be able to refer individuals, who must be Summit County residents, to the court.
To be accepted, the person must meet certain legal and clinical criteria.
“Anyone charged with a third, fourth or fifth degree felony is eligible provided he or she does not have a history of sex offenses, offenses of violence or offenses involving child victims,” said Judge Breaux. “If there is a victim involved in the crime, the victim would have to consent to allowing the person to participate in HOPE Court.”
If the person meets the legal criteria, the next step is to refer the individual for a clinical diagnosis to determine whether he/she has a qualifying condition.
Eligible conditions include schizophrenia, schizoaffective disorder and certain illnesses that have psychotic features such as obsessive-compulsive disorder (OCD), severe depression and posttraumatic stress disorder (PTSD).
Once a diagnosis is made, the judge said a treatment team made up of representatives from Community Support Services, the Summit County Adult Probation Department, the Akron Police Department, Summit Psychological Associates, Oriana House as well as the prosecutor and defense attorney, will meet to determine whether the individual is a good candidate for the program.
“As the HOPE Court judge, I will have discretion as to whether a person is admitted into the program,” said Judge Breaux.
Rachel Earich, a mental health probation officer in the mental health unit at the Summit County Common Pleas Court, will serve as the mental health court officer for the new docket.
“My job will consist of screening individuals for eligibility for the HOPE Court and referring them to Summit Psychological for their initial mental health evaluation,” said Earich, who will continue to serve as a mental health probation officer.
Earich said she will be working closely with those selected to participate in HOPE Court, meeting with them frequently to assess needs and compliance with their individualized treatment plans.
Penny Moore, director of employment and forensic services at Community Support Services (CSS), said the nonprofit organization has been involved in the planning process for HOPE Court right from the start.
She said CSS, which offers comprehensive and integrated behavioral and physical healthcare to individuals with severe and persistent mental illnesses, will be providing case management and treatment services to HOPE Court participants.
“We already provide services to those who participate in the mental health courts in Akron, Stow and Barberton,” Moore said.
Moore said the first step is for participants to be assessed by a psychiatrist to see if they need medication. They may also receive cognitive behavioral therapy, primary care services and assistance with housing and job placement.
She said one of the main reasons people with mental health conditions get in trouble with the law is because they are not taking their medication.
“There are many reasons that people are noncompliant,” said Moore. “They may not like the stigma or the side effects or they may not believe they have a mental illness. People also forget to take their medication, which is why a lot of our clients receive monthly injections instead of taking pills.”
While the goal is for the participant to complete the program within two years, Judge Breaux said there is no preset time since each person’s needs vary.
There are four phases to HOPE Court: Orientation, treatment, reintegration and maintenance.
During the orientation phase, the participant is introduced to the caseworkers and a treatment plan is established.
“Once the treatment plan is established, the second phase begins with the individual receiving services such as residential treatment, therapy, counseling, meetings and medication if necessary,” said Judge Breaux.
“In the reintegration phase, the individual will continue to follow the treatment plan, but will also work on obtaining housing, job training or qualifying for disability.”
The participant is evaluated throughout the maintenance phase so that it can be determined if the person has laid the groundwork necessary to adhere to treatment and stay out of trouble after graduation.
“HOPE Court is desperately needed,” said Earich. “Right now I have a large caseload that is constantly growing and there are two other mental health probation officers that have equally large caseloads.
“Mental health individuals do not belong in jail or prison,” said Earich. “They belong in treatment programs that will assist them with their psychiatric needs, which will help keep them out of the criminal justice system in the future.”
Moore said incarceration does little to prepare those with mental health conditions to return to society.
“When these individuals are released from jail, they are starting over from square one with the same issues they had when they were put in jail,” said Moore. “HOPE court not only addresses their disorders, it also provides them with the tools to successfully re-enter society.”
Earich said one of the best parts of HOPE Court is that it’s not adversarial.
“So many probationary programs focus on sanctions and punishment,” said Earich. “We have rewards and incentives built into our program, which is designed to help people lead successful and fulfilling lives.”