Mental Illness, Probation, and Recidivism: Standardizing Uniform Mental Health Docket Legislation in Ohio

The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and limit access to rehabilitative services designed to address the underlying causes of criminal behavior. To combat recidivism, Michigan applies broad and uniform eligibility standards that emphasize treatment and rehabilitation over incarceration, resulting in substantially lower recidivism rates among participating defendants. This Note examines the development and implementation of Mental Health Dockets in Ohio and compares Ohio's Mental Health Docket with Michigan's Mental Health Docket model under Michigan Legislation § 600. By modeling legislation after Michigan's framework, Ohio can reduce confusion within the court system, increase access to treatment-oriented alternatives to incarceration, and improve procedural fairness for defendants with mental illness. Ultimately, decreasing recidivism, reducing the incarceration of mentally ill individuals, and better serving both public safety and rehabilitation goals within Ohio's criminal justice system.