CORONAVIRUS (COVID-19) RESOURCE CENTER Read More
Add To Favorites

SebCo prosecutor to do "everything in (his) power" to open mental health court

Times Record - 11/17/2019

Nov. 17--A mental health court in Sebastian County would fill a "significant need" in the area, officials say.

County Prosecutor Dan Shue estimates a mental health court could provide alternative sentencing to around 170 participants annually -- a number representative of roughly 10% of felony cases prosecuted each year in Sebastian County. The need for this court, Shue said, remains after county officials in 2018 were denied a $750,000Department of Justice grant to start the program.

Officials in 2019 reapplied for the grant, submitting more statistics about mental illness in the county criminal justice system at the request of DOJ officials, Shue said. If implemented, the mental health court would be the third alternative sentencing program in the county along with drug court and veteran's court.

Shue said he will do "everything in (his) power" to open up a mental health court in Sebastian County.

"It's something that's not only the right thing to do, it will dovetail with what we're already doing," Shue said.

Western Arkansas Counseling and Guidance Center in Fort Smith each month screens approximately 240-260 individuals in a mental or behavioral health crisis, the majority of whom are from Sebastian County. More than half are in jail, according to records.

Shue said it's possible Sebastian County would use a mental health court more than those in other parts of the country. He said Sebastian County Circuit Court sometimes has up to five involuntary mental commitments per week.

"There's a significant need here in our community. Even with the Crisis Stabilization Unit, we see case after case where someone has either been undiagnosed or had problems with adhering to their treatment," Guidance Center Director Rusti Holwick said.

Although he initially thought mental health court should just be for misdemeanor offenders, Shue said he now believes many convicted felons should be eligible. Qualifying defendants convicted of thefts of more than $1,000 of property and possession of methamphetamine are examples.

Mental health courts in Arkansas are operated out of circuit courts but are permitted to take misdemeanor defendants, according to Arkansas Act 506. It prohibits violent and sexual offenders, requires victim permission for defendants in financial and property crimes and fully permits qualifying defendants in drug possession cases, Shue said.

"I would never do this with defendants that don't need to be in there, but obviously, there are a lot of defendants who need to be in a mental health treatment court," he said.

Shue said a mental health court in Sebastian County would have "some overlap" with drug court. This is because he anticipates many of the defendants use drugs to self-medicate because of their mental illnesses.

But whether they're using substances or not, officials agree jail is the last place nonviolent offenders with mental disorders need to be.

"I remember (a family member with mental illness) telling me that the time in the cell was really the worst point in their life. It was all because they were having a mental breakdown," said First 100 Families Director Karen Phillips.

"Can you imagine having a psychotic break and then getting thrown into jail? That's just medieval," Shue said. "There's got to be a better way. I think this is the better way, and we've got to get one established."

___

(c)2019 Times Record (Fort Smith, Ark.)

Visit Times Record (Fort Smith, Ark.) at www.swtimes.com

Distributed by Tribune Content Agency, LLC.