From
Staten Island Live. In the picture, as State Supreme Court Justice Philip G. Minardo announces Staten Island's first Mental Health Court, looking on are the Hon. Fern Fisher, Deputy Chief Administrative Judge of New York City, the Hon. Leonard P. Rienzi and the Hon. Robert J. Collini.
STATEN ISLAND, N.Y. -- It's a new approach to jurisprudence.
At Staten Island's new Mental Health Court, defendants indicted for nonviolent crimes driven by an underlying mental illness will be given a chance to complete a court-ordered supervised treatment program instead of serving jail time.
Officially opened June 27 in State Supreme Court in St. George, the court will provide mentally ill offenders with access to mental health and social service providers, as well as other services to help them avoid further criminal behavior.
In order to have his or her case considered, a defendant must have been indicted for a felony for an offense related to a persistent and serious mental problem that is treatable with medication. Those charged with DWI, arson, gun possession, sex crimes, homicide or other crimes of violence are not eligible for the mental health court. Most important, the defendant must not be deemed at risk of future dangerous behavior.
A paranoid schizophrenic who hears voices telling him to destroy a neighbor's property, for instance, could be eligible for the new court.
Defendants whose crimes involve a victim may be eligible, but the district attorney can seek the victim's input before deciding whether the case can move to the new court.
With an overburdened criminal justice system returning convicted felons to society after they serve time, "The root cause of their problem is never addressed," said State Supreme Court Justice Philip G. Minardo. "No one takes a look at the reason why this happens."
"We just don't want turnstile justice," Minardo said.
Mental Health Court cases will be presided over by Justices Leonard P. Rienzi and Robert J. Collini. Rienzi will screen the cases initially, and Collini will preside over the defendant's guilty plea, monitored treatment and sentence.
Like the borough's drug treatment court, the new mental health court will temper justice with compassion, District Attorney Daniel M. Donovan said in a statement.
"A larger beneficiary in the long run is society," said Timothy Koller, Staten Island's executive assistant district attorney. Koller stressed that public safety is at the forefront of the court, and eligible defendants will be monitored during treatment, with progress reported to the judge. If the defendant successfully meets the terms and conditions of their court-ordered treatment, he or she could avoid jail time. Defendants must plead guilty to be eligible, and if the conditions are not met, the court will impose the sentence on the top count to which the defendant pleaded guilty.
It's the carrot or the stick, said Assistant District Attorney Paul A. Capofari, treatment or jail.
"Very often, people with mental illness commit crimes because of their illness and not because of criminality," said NAMI Staten Island executive director Linda Wilson. "Once they get into that criminal justice system, it's very hard to get out. This kind of court will help people get the kind of treatment they need and go back into society without going to jail."
"A very large number of our clients have engaged in criminality based a large percentage on circumstances beyond their control," said Paul Battiste of Staten Island Legal Defense Services.
The new court will show them that "there are people out there who desire to help them," and put them in a place where they can get treatment, he said.
From Staten Island Live. In the picture, as State Supreme Court Justice Philip G. Minardo announces Staten Island's first Mental Health Court, looking on are the Hon. Fern Fisher, Deputy Chief Administrative Judge of New York City, the Hon. Leonard P. Rienzi and the Hon. Robert J. Collini.