Many people who are currently incarcerated or will be in the future should not be in the prison system. That doesn’t mean they haven’t committed a crime (although some haven’t).
They’re dealing with mental health issues that have led them to break the law. For these people, locking them up and not getting them the treatment they need will only lead to worse outcomes – for them and for the community at large.
Last year, Florida enacted a law called the Tristan Murphy Act that is designed to identify and divert people who have been arrested away from prison and into a pretrial felony mental health diversion program when appropriate.
How does the law work?
The law seeks to identify and divert the appropriate people as early as possible after they’re brought to the attention of law enforcement. For example, it includes increased training for 911 operators so they can better determine when a mental health response team should go to the scene of a call.
Not everyone charged with a crime who is diagnosed with a mental illness can qualify for this diversion. For example, those charged with violent felony offenses, those with more than three previous felony convictions within the past five years and defendants with a history of serious violent behavior don’t qualify under the law.
Evaluating incarcerated people before work assignments
The law was named for a man who took his own life in a Florida prison work program. As part of the law, Florida Department of Corrections employees are tasked with evaluating the physical and mental health of inmates before giving them work assignments.
Certainly, this law is an important step in recognizing the role that mental health issues can play in criminal offenses and the dangers of simply incarcerating people with untreated conditions. However, that doesn’t mean that some people won’t still fall through the cracks.
That’s why it’s critical for those who believe their loved one qualifies for this or other programs that are an alternative to incarceration to get experienced legal guidance to protect their rights and make their case.