Court Diversion Program Research Articles

Crime and Punishment? The Effects of Mental Health Court Diversion Programs on Crime and Homelessness

Crime and Punishment? The Effects of Mental Health Court Diversion Programs on Crime and Homelessness

“You feed and water a rose bush and eventually it blossoms”: Constructions of self-transformation among mental health court defendants

This study qualitatively examined adaptive responses to mental health court mandates through individual interviews with defendants in a mental health court (n = 31). Thematic analysis of interview data revealed that defendants engaged in meaning-making to comprehend and adapt to the perceived programmatic demands of mental health court. Programmatic burdens, court-enforced accountability, and intrinsic rewards were themes that converged to form a distinct adaptive response: construction of self-transformation narratives. Defendants in this study tended to interpret the intense burdens of participation as intrinsically rewarding and meaningful, leading them to see the expectations of mental health court as an opportunity to better themselves. The findings help to differentiate between compliance versus full treatment engagement among defendants with serious mental illness (SMI). This study's findings have important implications for how individuals with serious mental illness engage with court diversion programs and mandated treatment, and how these defendants may be best served in specialized mental health court programs.

Court-Affiliated Diversion Programs for Prostitution-Related Crimes: A Comprehensive Review of Program Components and Impact.

Court diversion programs offer alternative treatment interventions in lieu of punitive sanctions. Programs have recently been developed for women arrested for prostitution, with a recognition that many of these individuals frequently experience multiple forms of violence and experience multiple barriers to exiting sex work. This review aims to (a) examine programmatic components used across programs, and (b) identify the diversionary programs' impact on participants. Studies were identified by entering key search words into three electronic databases and by conducting a citation search. Nine articles were included in the review. Although programs varied in structure, services, and length of time, studies indicated a range of positive outcomes for participants. Results help to illuminate future directions for criminal justice practice, policy, and research.

Can Court Diversion Improve School Attendance among Elementary Students? Evidence from Five School Districts

We examined the effect on attendance of a truancy court-diversion program for elementary students. Truancy court-diversion programs represent a shift from a law-and-order approach toward a public health model to address school absenteeism. Instead of directly referring parents of truant elementary students to child protection services or juvenile court, most court-diversion programs educate parents about the importance of school attendance and create an attendance contract that includes social service referrals. Despite being widely implemented, truancy court-diversion models have not been rigorously evaluated. Using 10 years of administrative data from multiple state and local agencies from Minnesota, we constructed a counterfactual of students from schools that did not implement truancy court-diversion. We used difference-in-differences methods to test whether parent education and attendance contracts improved attendance relative to direct referral to child protection services or court. We failed to reject the null hypothesis of no program effect. Most truancy program evaluations use a pre- and post-mean comparison, but our analysis suggested that the magnitude of the bias in such studies is substantial because absenteeism showed a pattern of regression to the mean.

Internalizing Symptoms as Predictors of School Absenteeism Severity at Multiple Levels: Ensemble and Classification and Regression Tree Analysis.

School attendance problems are highly prevalent worldwide, leading researchers to investigate many different risk factors for this population. Of considerable controversy is how internalizing behavior problems might help to distinguish different types of youth with school attendance problems. In addition, efforts are ongoing to identify the point at which children and adolescents move from appropriate school attendance to problematic school absenteeism. The present study utilized ensemble and classification and regression tree analysis to identify potential internalizing behavior risk factors among youth at different levels of school absenteeism severity (i.e., 1+%, 3+%, 5+%, 10+%). Higher levels of absenteeism were also examined on an exploratory basis. Participants included 160 youth aged 6–19 years (M = 13.7; SD = 2.9) and their families from an outpatient therapy clinic (39.4%) and community (60.6%) setting, the latter from a family court and truancy diversion program cohort. One particular item relating to lack of enjoyment was most predictive of absenteeism severity at different levels, though not among the highest levels. Other internalizing items were also predictive of various levels of absenteeism severity, but only in a negatively endorsed fashion. Internalizing symptoms of worry and fatigue tended to be endorsed higher across less severe and more severe absenteeism severity levels. A general expectation that predictors would tend to be more homogeneous at higher than lower levels of absenteeism severity was not generally supported. The results help confirm the difficulty of conceptualizing this population based on forms of behavior but may support the need for early warning sign screening for youth at risk for school attendance problems.

Realising the Potential of Judging

Over the last twenty years, there has been increasing awareness of the importance of judicial officers understanding how cultural, developmental, health, social, economic and other aspects of people coming before a court, affect how legal problems arise and how they are resolved. Diverse developments such as the introduction of specific Bench Books - Aboriginal Bench Books, equal opportunity Bench Books, child witness Bench Books - and publications on the application of therapeutic jurisprudence to judging such as Judging in a Therapeutic Key, Judging for the 21st Century and Solution-Focused Judging Bench Book, reflect this increasing awareness and the need for resources to equip judicial officers to address these factors in judging. Another significant aspect of this development has been the introduction of problem-solving courts, court diversion programs and Indigenous sentencing courts, which use processes thought to be more suitable in addressing the underlying issues of those coming before the court with legal problems.

Family Environment Variables as Predictors of School Absenteeism Severity at Multiple Levels: Ensemble and Classification and Regression Tree Analysis.

School attendance problems, including school absenteeism, are common to many students worldwide, and frameworks to better understand these heterogeneous students include multiple classes or tiers of intertwined risk factors as well as interventions. Recent studies have thus examined risk factors at varying levels of absenteeism severity to demarcate distinctions among these tiers. Prior studies in this regard have focused more on demographic and academic variables and less on family environment risk factors that are endemic to this population. The present study utilized ensemble and classification and regression tree analysis to identify potential family environment risk factors among youth (i.e., children and adolescents) at different levels of school absenteeism severity (i.e., 1 + %, 3 + %, 5 + %, 10 + %). Higher levels of absenteeism were also examined on an exploratory basis. Participants included 341 youth aged 5–17 years (M = 12.2; SD = 3.3) and their families from an outpatient therapy clinic (68.3%) and community (31.7%) setting, the latter from a family court and truancy diversion program cohort. Family environment risk factors tended to be more circumscribed and informative at higher levels of absenteeism, with greater diversity at lower levels. Higher levels of absenteeism appear more closely related to lower achievement orientation, active-recreational orientation, cohesion, and expressiveness, though several nuanced results were found as well. Absenteeism severity levels of 10–15% may be associated more with qualitative changes in family functioning. These data may support a Tier 2-Tier 3 distinction in this regard and may indicate the need for specific family-based intervention goals at higher levels of absenteeism severity.

Long-Term Effects of Truancy Diversion on School Attendance: a Quasi-Experimental Study with Linked Administrative Data.

Over 60% of US school districts implement court diversion programs to address chronic unexcused absenteeism, yet the effectiveness of these programs is not known. We evaluated whether the Truancy Intervention Program (TIP) improved the school attendance of students in grades 7-10 in a metropolitan county in the Midwestern USA. Similar to most truancy court diversion programs, TIP consisted of three increasingly intrusive steps: (1) a parent meeting, (2) a hearing to develop an attendance contract, and (3) a petition to juvenile court. The intervention group consisted of students from the intervention county who had been referred to TIP between 2006 and 2009. The comparison group was drawn from a contiguous, same-sized, and socio-demographically similar county that petitioned truant students directly to court. To construct the comparison group, we applied multi-level matching procedures to linked, individual-level administrative data from eight state and local agencies for all public school students in the state between 2004 and 2015. Using the matched samples, we conducted difference-in-differences analyses to identify program effects for two intervention groups: all students referred to TIP and students whose family participated in the group parent meeting. In the 4years after the intervention, the intervention groups had similar or slightly lower attendance than the comparison groups. However, most coefficients were not statistically significant, and there was no consistent pattern of effects across different samples and different specifications of the intervention. This pattern of findings was not robust enough to conclude that the program influenced school attendance.

Latinx Youth Counterstories in a Court Diversion Program

Latinx Youth Counterstories in a Court Diversion Program

Latino Youth and the School-to-Prison Pipeline

Latinos are one of the fastest growing sectors in the American population, and Latinos figure prominently in many political, economic, and educational social systems. Unfortunately, the juvenile justice system is no exception. At least 18,000 Latino youth are incarcerated annually, and they are 2 to 3 times more likely to be incarcerated than White youth. This article discusses three broad topics that relate specifically to Latino youth and their families who are served by juvenile justice facilities: language development and communication between Latino families and professionals in the educational and justice systems, sociocultural variables specific to Latino families, and ethical considerations for professionals who interact with Latino youth. Specific strategies for both the educational and juvenile justice systems are suggested that might enable these groups to better serve Latino youth and their families. Both research and case studies of Latino youth served in the court diversion program, Reading for Life, are considered.

Jail Diversion and Recidivism: A Case Study of a Municipal Court Diversion Program

Municipal Courts in the United States have jurisdiction over cases involving municipal ordinance violations such as loitering, trespassing, public drunkenness, and vandalism. When an individual violates a city ordinance, the typical punishment is a fine, even if the defendant is indigent. Failure to pay the fine on time results in a warrant and possible jail time. This study examined whether individuals who successfully completed a court diversion program for indigent defendants were less likely to reoffend than their counterparts who failed to complete the diversion program. Findings showed clients who successfully completed the diversion program were less likely to commit future city violations and state offenses. The results suggest court diversion programs might offer a promising alternative to jail for some indigent defendants and aid with lowering recidivism at least within the first few years of their initial offense.

Mental health diversion courts: A prospective study of reoffending and clinical outcomes of an Australian mental health court program

ABSTRACTThis study is concerned with understanding the mechanisms by which mental health courts successfully improve the mental health of participants and, as a consequence, reduce subsequent offending. An analysis of preprogram and postprogram data from 112 adult offenders referred to an established mental health court in Australia revealed that, although participation in the program was associated with an overall reduction in new offenses, this was more likely to be related to preprogram risk of reoffending than improvements in mental health and well-being. The implications of these findings for the further development of court diversion programs are discussed.

Mental health diversion courts: a two year recidivism study of a South Australian mental health court program.

The need to develop specialized judicial processes to deal with offenders with mental illnesses is now widely recognized and has led to the introduction of mental health court diversion programs around the world. At present, however, there is only limited evidence from which to assess the impact of these initiatives. This paper describes the South Australian model of diversion, with specific reference to the relationship between identified participant characteristics, program compliance rates, and re-offending outcomes. The results of a two-year recidivism study suggest that involvement with the program has a positive impact on recidivism, but that this is independent from the individual's level of success in the program. Lower risk offenders were more likely to achieve successful outcomes than those in the higher risk categories. The implications of these results, as well the factors that might inform the ongoing development of mental health court programs, are discussed.

Individual Factors Predicting Mental Health Court Diversion Outcome

Objective: This study examined which individual factors predict mental health court diversion outcome among a sample of persons with mental illness participating in a postcharge diversion program. Method: The study employed secondary analysis of existing program records for 419 persons with mental illness in a court diversion program. Results: Analysis revealed that unemployment was a significant predictor of program completion. Employment and symptom severity were predictive of partial program completion, while participants who did not complete programming were more likely to have a concurrent disorder and were more likely to be residentially unstable than participants who did complete programming. Conclusion: These findings discuss characteristics of persons with mental illness, as they relate to the likelihood of completing diversion programming.

An Exploratory Study of the Characteristics that Prevent Youth from Completing a Family Violence Diversion Program

Youth perpetrated violence against a family member has gained the attention of social service workers and law enforcement, yet professionals working with these youth have little understanding of the characteristics of the population that would impede intervention success. This article presents an exploratory study of youth (N = 209; 50 % males and 50 % females, average age 15.7 years) who participated in a court-diversion program for first time offenders of family violence and examined socio-demographic and delinquency characteristics and the role they play in completing the program. Findings indicate that delinquency characteristics, specifically having a prior violent arrest and skipping school, carry significance in preventing youth from successfully completing the Family Violence Intervention Program. These findings lend support to the current literature and address the need for a more tailored approach to treating and retaining youth in a family violence intervention program.

Mental Health Courts, Court Diversion, and Canada's Obligations under the United Nations Convention on the Rights of Persons with Disabilities

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is often recognized as emphasizing a “universalist” approach to difference that discourages the identification and segregation of particular groups based on their characteristics. This emphasis raises questions about Canada's Mental Health Courts (MHCs) and court-diversion programs that identify and respond to people with mental disabilities as a group and can be seen to reflect a “minority rights” approach to the accommodation of difference. These questions need to be addressed to ensure that Canada complies with its international obligations under the CRPD.

A Comparison of Domestic Violence Recidivism Rates of Defendant-Initiated Diversion and Court-Mandated Treatment

This study examines court records of 244 defendants assigned to court-connected treatment to determine whether “defendant-initiated diversion” offenders recidivated less than defendants who were mandated by the court to undergo treatment. The study population consisted of 140 defendants who voluntarily opted to participate in a domestic violence (DV) court diversion program and 104 convicted offenders who were ordered by the court to complete treatment as part of their sentence of probation. Defendants who had prior felony or DV convictions were not accepted into the diversion program. A logit model analysis revealed a statistically significant negative relationship between diversion completion and DV recidivism during the 24 months after treatment completion or case closure. These results illustrate the importance of including defendant-initiated diversion for low risk offenders as part of a court system strategy to address DV.

How Collaborative the Collaboration? Assessing Interagency Collaboration within a Juvenile Court Diversion Program

ABSTRACTJuvenile delinquency with co‐occurring substance abuse and mental health disorders has become an increasing problem within the United States. In part this can be attributed to the excessive number of delinquent youth entering the juvenile justice system with untreated substance abuse and/or mental health disorders. In an effort to combat this problem, interagency collaborations have been formed to provide more effective treatment services. One such interagency collaboration is the JETS Program. This study identifies the strengths and limitations of establishing an interagency collaboration within the first year of a juvenile treatment court's inception.

Mental Health Diversion Courts: Some Directions for Further Development

Recent years have seen a growth in the number of specialist courts operating in Australia, including those which aim to address the needs of mentally disordered offenders. This article describes some of the key characteristics of mental health courts, using case studies from the most established court in Australia, the South Australian Magistrates Court Diversion Program (MCDP). This is followed by a consideration of some factors that may affect the future development of this type of program. It is concluded that there is a need to pay careful attention to issues of risk assessment and risk management if the dual goals of improving both the health of individual and the safety of the community are to be realised.

Is teen court the best fit? Assessing the predictive validity of the Teen Court Peer Influence Scale

Purpose Despite the increased use of teen courts for first time, non-violent juvenile offenders, there has been little research examining the decision-making processes regarding which offenders are best suited for this type of intervention. The Teen Court Peer Influence Scale (TCPIS) was developed to assist juvenile justice officials in making these determinations. The purpose of the present research is to determine the predictive validity of the TCPIS. Methods The TCPIS was administered to a nonprobability sample of teen court participants in Florida (N = 404) between September 2006 and February 2007. Dependent measures for the validity analysis were developed from the Youth Self-administered Questionnaire and included social bonds, prosocial attitudes, delinquent peer associations, positive perceptions of teen court, and perceived delinquency. Results All hypotheses were supported with the TCPIS global score accounting for a significant amount of variance among each of the delinquency measures strengthening the predictive validity of the measure. Conclusions These preliminary findings are positive regarding the predictive validity of the TCPIS. With additional research, the TCPIS could be a useful tool for decision-makers regarding which juvenile offenders are the best fit for teen court diversion programs.