A Radical New Approach for Mental Health Diversion

The criminalization of mental illness is a national tragedy. Over the past three decades there have been numerous programs and initiatives designed to reduce the number of people with mental illness incarcerated in jails and prisons. Despite such efforts, incarceration rates have not fallen and have actually climbed in many jurisdictions. One major consequence of the criminalization of mental illness has been a large increase in referrals for evaluation for competency to stand trial and, consequently, in the need for competency restoration services. Many states have been unable to keep up with the demand for such services, causing patients to languish in jails with their criminal proceedings suspended, awaiting transfer to a state hospital. Expedited Diversion to Court-Ordered Treatment (EDCOT) is a new model for diversion that has great potential to drastically improve the diversion process, bypass the competency restoration system, and reduce the criminalization of mental illness. Successful implementation of EDCOT would result in more humane treatment of people with mental illness, without jeopardizing public safety; furthermore, it would pay for itself with the savings from reductions in the use of competency restoration services.