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Court Liaison Pilot Program

In 2021, the Texas Judicial Commission on Mental Health created a four-year pilot program to fund a Court Liaison in two counties. Grayson and Denton Counties were selected from a robust application process that evaluated counties based on readiness and need. The goal of the pilot is to minimize waitlist times by creating a court staff position focused on developing innovative pathways and quicker options to prevent decompensation of individuals awaiting restoration or other intervention to increase the judiciary’s connection to diversionary and treatment resources.

The Liaisons in the selected counties have focused on increasing the connection between the courts and resources, ensuring compliance with Texas mental health laws, and, ultimately, increasing community safety, saving counties money, and improving the courts’ response to individuals with mental illness or intellectual disability.

JCMH Court Liaison Pilot Program Goals and Results

  • Fewer well-meaning but misguided orders to the State Hospital for competency restoration when other options are appropriate, stalling the growth of the waitlist.
    • The Court Liaison Program focuses on addressing several factors that are contributing to the gridlock on inpatient state hospital services which will ultimately save counties and the state money. People with mental illness and/or intellectual disability are arrested and placed in county jails and on the inpatient state hospital waitlist inappropriately. This overuse of inpatient state hospital services is often based on a misconception that competency restoration is comprehensive treatment, when in reality it is just stabilization and rote memorization of legal procedures that do not solve underlying mental health issues. Court Liaisons bring education to their county and help initiate new best practices for more efficient use of costly jail and state hospital beds.
  • Safer communities due to improved practices that do not force law enforcement to be pulled off the streets to wait for hours in hospitals with people with mental illness under inefficient local practices.
    • Court Liaisons look for inefficiencies in the system and also participate in community SIM Mapping implementation to develop more streamlined processes that allow law enforcement officers to get back to protecting their community against violent criminals rather than serving as mental health workers.
  • Decreased risk and liability to counties when people with MI/IDD are identified early in the criminal justice system.
    • The Liaisons often actively participate or lead the work in the identification of people with MI/IDD under CCP art.16.22 to ensure that this mental health law and others are followed and help counties prevent in-jail tragedies.
  • Decreased recidivism/fewer people cycling through the revolving door because of a lack of connection to resources throughout the criminal justice system, including when individuals are re-entering their communities after incarceration.
    • The Court Liaisons link justice-involved individuals to treatment and improve legal outcomes such as court attendance, adherence to conditions of pretrial and probation, and recidivism.

  • COLLABORATE. Develop and foster collaborative relationships with and between all stakeholders at the intersection of mental health, intellectual disabilities, and the judicial system. This includes collaborating on interventions for specific individuals as well as ensuring systemic efficiency by making sure all parties are working together to streamline the county’s mental health processes.
  • ASSIST. Assist the jail and defendants in jail to ensure appropriate in-custody treatment, medication management, utilization of county programs, and individualized conditions or requirements.
  • EVALUATE. Assist the court and attorneys in evaluating cases and defendants for most appropriate use of resources. Reviewing 16.22 screening forms daily to identify individuals booked into county jail that may have mental health concerns or IDD, helping to prevent suicides and use evidenced-based practices. Refer cases to the probate court, connect to community services, or connect to a bond officer as appropriate, if competency is not an issue, but mental health needs are apparent.
  • MONITOR and DOCUMENT. Monitor defendant’s position for various competency restoration services. Review list of individuals on the waitlist for the state hospital for competency restoration, correct any errors, and improve efficiencies. Open writ files for unfiled cases to link defendants with an attorney and allow for a court setting in a more timely manner. Reduce recidivism through stabilization interventions such as emergency detention, outpatient, or inpatient mental health services. Document system progress and challenges. Track program data.
  • PLAN and COMMUNICATE. Create a plan for defendant’s transition back to community, civil commitment, or jail and continued services. Connect individuals with mental illness and low-level offenses to appropriate treatment and decrease length of incarceration and recidivism. Systemic planning by seeking additional funding sources, such as state and federal grant opportunities, and developing additional resources locally. Communicate with appropriate organizations to ensure proper coordination of transportation, medication, paperwork, continuity of care, and docketing. Provide CCP 16.22 reports as required by law.
  • PREPARE. Assist, as needed, in preparation of case plan for post-adjudication services(probation plans) and assist stakeholders with transition to field probation services. Ensure non-violent misdemeanants released on bond have conditions that include adherence with mental health assessment and treatment.
  • EDUCATE. Engage stakeholders in education on the many legal requirements and available resources. Elevate the general understanding through various community education luncheons, community presentations at the County Bar Associations, SIM Workshops, newspaper articles, appearances at Commissioner’s Court and other meetings.

  • Creation of new Mental Health Dockets. The pilot counties have implemented the best practice of creating specific dockets to review individuals awaiting a competency evaluation, individuals wait-listed for State Hospital, and individuals currently receiving care at the State Hospital. They have since expanded to include individuals who have persistent and significant mental illness, who are competent to stand trial, but whose mental health does affect the strategic planning of how to dispose of cases. These dockets have streamlined efficiency, ensured consistent treatment of these types of cases across the county, and prevented mental health cases from being overlooked or lost in the system.
  • Increased compliance with Mental Health Identification law. Counties have worked with their liaison to ensure they are accurately complying with the legal procedures required during initial booking to screen for Early Identification of Mental Illness and ensure these reports are provided to all required parties and utilized as the set forth by the legislature in the CCP.
  • Increased oversight of mental health cases out on bond. With the Court Liaison, a county was able to create a Coordinated Release Process for individuals releasing on personal bonds with mental health conditions, individuals entering a plea to be placed on probation, individuals who time-out in county jail waiting for state hospital. This process allows for additional oversite, personalized conditions of release specific to the treatment needs of the individual, and increased compliance with a personalized release plan and case management as appropriate.
  • Increased applications for grant funding. One county was able to use the Court Liaison to identify the need for, request, and receive a grant from the Texas Indigent Defense Counsel for implementation of a Managed Assigned Counsel Office to provide administrative assistance to all court appointed attorneys, streamline indigent defense, identify attorneys skilled in working with individuals with MH/IDD.
  • Creation of a Jail-Based Competency Restoration Program and Reduction in Waitlist. One County saw lower numbers on the waitlist and created a new JBCR program that will further drive down numbers. The JBCR will be implemented through their local mental health authority, with an interdisciplinary team approach for referrals into program as directed by the District Court’s Mental Health Docket.
  • Increased Community Coordination. Before this program, around 66% of the individuals who needed, were referred to, and met the requirements for community inpatient care were denied admission by local programs. Through the Liaison’s community strengthened partnerships, now, over 90% of individuals referred for inpatient care are accepted to the local programs.
  • Permanent Creation of this Position within the County. The counties that completed all four years of the program found this position so helpful to their community that their County Commissioners have created and funded the court liaison position as a permanent employee in their judicial system.