Mental Health Diversion from New York State Jails Varies Widely by County
by Michael Dean Thompson
Since the early 2000s, New York’s state court system has been installing mental health courts in its counties. These courts can divert people with mental health needs away from jails and prisons. When a person suffering from schizophrenia, bipolar disorder or other mental health challenges comes before the court, they can be provided alternatives to incarceration. People who complete the program can have their charges reduced or even dismissed. A subsequent evaluation of the court has found significant reductions in re-arrests.
New York has 62 counties. Of those, just 30 have mental health courts. Those 30 counties have more than 40 mental health courts, meaning most have just one court while others have multiple courts. Likewise, not all courts are equally resourced. Ontario County’s mental health court sees just a few cases each week while neighboring Rochester has access to more resources and a greater case load. Leanne Lapp, a public defender in Ontario County said of the disparity, “You walk over an invisible line that divides two counties, and the legal outcomes are completely different.”
Because of the variance between counties, Gov. Kathy Hochul (D) signed a law in December 2025 that allows cases to be transferred from a county that does not have mental health courts to a neighboring one that does.
Part of the problem is that use of the mental health courts has not yet been required by law. The Treatment Court Expansion Act would standardize how the courts work, increase the number of people eligible, reduce plea requirements and more. The potential law has received support from Court of Appeals Chief Judge Rowan Wilson and Chief Administrative Judge Joseph Zayas. In addition, New York City Mayor Zohran Mandami (D) supports the bill, saying it is “one part of what it can look like to ensure that we are closing Rikers Island.”
The bill’s failure to pass is frustrating to some. State Assembly Member Phara Souffrant Forrest (D-Brooklyn), who has asked Gov. Hochul to support the bill, expressed her frustration to New York Focus: “It’s a damn shame that when we have somebody facing a psychotic break, struggling with depression, or they’re struggling with trauma, we say at this time, ‘The only answer that you’ll get is punishment.’”
Without the Treatment Court Expansion Act, however, even when neighboring counties both have the courts, the differences in resources can be a challenge. Courts with fewer resources will have fewer treatment options for complex cases. Dr. J. Steven Lamberti, a professor of psychiatry at the University of Rochester Medical Center, feels any potential expansion in the courts must be matched by community investments. “Any diversion approach is only as effective as the services that people are diverted to,” he said.
Source: New York Focus
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