Decriminalization of Mental Illness: Fixing a Broken System
Adopted for the 2016–2017 term, this COSCA policy paper outlines the systemic failure of using jails and prisons as default mental health institutions. It explores the history, legal landscape, and underfunded systems that led to this crisis, and calls for state courts to play a leadership role in reform. The paper recommends adopting a capacity-based standard for treatment, expanding the use of Assisted Outpatient Treatment (AOT), and implementing the Sequential Intercept Model to reduce incarceration, support recovery, and promote public safety.