The ‘happier side’ of criminal justice system

For some people, going to the Nez Perce County Courthouse for court appointments isn’t an enjoyable experience and certainly not something to look forward to.

Which is why when graduates of mental health court talk about their positive experiences and call the people in the program family, you know it’s something special.

Nicole Dimitry, Amy York and JC (who asked not to use her name in this story) are now graduates of mental health court, one of the four speciality courts offered in the 2nd Judicial District.

At a recent graduation ceremony, York wore a graduation cap to mark the occasion. Other members of mental health court offered support and appreciation for the graduates, noting the hard work they accomplished. Second District Judge Michelle Evans, who presides over mental health court, and Norman Embry, mental health court coordinator, praised the graduates for their work.

“As a judge, this is probably the most rewarding thing I do,” Evans said. “To get to see the happier side of the criminal justice system, when people can learn what they need to do to stay out of the criminal justice system and to live good lives.”

JC, York and Dimitry all received a “name in a frame,” which is a framed acrostic poem of their name, a certificate and an award to commemorate their completion of the program.

Changing through the program

York, Dimitry and JC all began in August 2023. Embry said a lot of people in mental health court first start on probation then violate their probation, but mental health court is an option for people who qualify to avoid prison.

Dimitry was scared of going to prison, but started taking classes at State Hospital North at Orofino and began to see progress. She was even speaking up in class, something she didn’t even do in school. Dimitry wasn’t sure if there would be a spot for her on mental health court, but wanted to keep her progress going.

“I was proud of myself because there was a way,” Dimitry said. “I was becoming me again.”

Embry had JC going to meetings two weeks before she signed up. It wasn’t until her counselor commended her for her extra work when she realized she hadn’t been an official program member.

Mental health court consists of five phases; at the end of the fourth phase, the participants have completed all their groups and are maintaining their treatment and progress. The program can last 15-18 months depending on how the person does. Even for graduates resources and treatment options are still available, including group and alumni meetings. Evans said the phases of the program help people to be able to live on their own at the end of the program, but still have resources if they need help.

Mental health court helped Dimitry have self-respect and deal with past trauma. For JC, it helped her have a voice by giving her a safe space to express her thoughts and feelings.

“(Mental health court is) a good place for someone to start when they’re new to recovery because you don’t know who you are,” JC said. “You feel bad about yourself, you feel bad about what you’ve done to your family and friends or innocent bystanders. Riverside Recovery and mental health court helps you accept who you are and help you move on.”

A caring team

Evans has been part of mental health court since 2019 when she took over for Judge Gregory Kalbfleisch when she was still a magistrate judge. She gets to see people every week and watch them progress in the program. She sees how they develop life skills, deal with their mental health and become sober. Some of the people in mental health court are young so Evans has seen people grow into successful adults.

“That’s why we do it,” Evans said. “We get to see people succeed that otherwise wouldn’t, they would have been swallowed up in the criminal justice system.”

The mental health court team helps provide resources, like financial counseling, and support, such as housing or parenting classes. The participants tell Evans how their week has gone, the challenges and the successes and how they have dealt with the struggles using the skills they have learned. The team can also make referrals to connect people with what they need, which makes the program tailored to each person.

In a regular court setting, Evans is mostly talking to a defendant’s attorney about what’s going on in their case; in mental health court, she’s talking with the participant about what’s going on with them.

“In fact, half the time when I’m talking with individuals, I forget why they’re there in front of me,” Evans said. “I forget what their underlying case is, because it’s just the person that’s in front of me.”

JC was surprised with how she and others in the program were treated and it helped build relationships with judges, probation officers and law enforcement. When one of the probation officers became emotional at a recent graduation, she realized how much he cared.

“I was like, ‘Holy cow, he really does care about us,’” JC said. “I knew he cared about us, but I didn’t know how much he cared about us until I saw that.”

Evans also sees a change in people’s motivations throughout the program. She said that when people first come in, their focus is often on their criminal case and getting charges reduced or off probation earlier. Part of the program is getting them to focus on the internal rewards, like changing their behavior, getting sober and focusing on self-change.

Weekly work and progress

Those in the program are in treatment for nine hours a week for drug testing, meetings and court proceedings. Each day has a specific focus and participants have group work, group discussions, worksheets, exercises and curriculum material that deals with certain issues, like symptom management or codependent relationships. In addition, the participants also see a recovery coach and counselors through Riverside Recovery.

Riverside Recovery services drug court and mental health court, and it’s where participants spend most of their time. Evans said that some people don’t trust the system when they start, but learning to trust their counselors is a big step in the program.

“We always want people to be able to reach out and get help, but if they don’t trust the people they would get help from, they’re not going to do it,” she said.

Both Dimitry and JC had high praise for Riverside Recovery and its counselors.

“Riverside Recovery is like the base of the whole program,” JC said. “That’s where all of the change pretty much takes place and then we report back to the courtroom. It doesn’t really start in the courtroom.”

Although JC has seen other places work for other people, Riverside Recovery is where she fits. Even after graduation, JC and Dimitry will continue to talk with their counselors there.

There’s also a support system built into the program from the participants who have similar issues to each other. As they go through book work and group sessions, it helps them open to each other and support each other.

“I don’t call mental health court a team or whatever,” said Tosha Whitney, who is also in mental health court. “I call them family. Because they’re my new friends, my new family, my new support system and everything.”

Meeting challenges

While the participants in mental health court have work to do, so does the team. The mental health court team is composed of Embry, Evans and counselors and coaches from Riverside Recovery. There are also representatives from the legal field, law enforcement, and probation and parole. The team meets once a week without participants to get an update on cases so everyone knows what’s happening.

While the graduation event had a happy, celebratory feel in the courtroom, Evans said that it can sometimes be more somber if someone is struggling. If a participant is having issues with the program, Evans can issue a sanction, like sending the person to jail for a short time. Sometimes people are removed from the program.

Typically there are multiple steps that happen before someone is removed, because the team recognizes that recovery isn’t a straight line and few complete the program perfectly. Even Dimitry had one relapse, but she continued with the program, took extra classes, and it was her only mishap. Part of the role of the mental health court team is to help participants learn from their mistakes, continue to stay clean and sober, and address their mental health.

“That’s kind of expected when you have people that are dealing with their mental health, and we’re dealing with substance abuse addiction,” Evans said. “It’s not this linear road you’re going to be here and then you’re going to be there. There’s going to be a little meandering along the way, where they’re learning from their mistakes.”

The team also factors in the person’s mental health into their progress.

“That’s what makes it so different from probation or drug court is they take into consideration people that are really, truly mentally ill. They try to help them instead of just throwing them back in prison,” JC said.

Benefit to the community

There are only 22 spots available on mental health court because of funding in Nez Perce County. Latah and Clearwater counties also have mental health court programs for the 2nd Judicial District, which includes Nez Perce, Latah, Clearwater, Idaho and Lewis counties. The only criteria for mental health court is having a serious mental illness. The program pays for drug testing and counseling from funding through the Idaho Supreme Court and the counties. Oftentimes the people in mental health court also have substance abuse issues because they have been self-medicating.

Mental health court does have lots of success, and those in charge want to help more people, but funding is an issue. Evans said there’s a waiting list for people to get in, and when people graduate, it doesn’t take long to fill those seats.

The biggest hurdle to funding is drug testing. Participants in mental health court are tested at least once a week, which costs $1,600 a year per person, with $1,100 covered by the state funding and the rest is covered by counties. Still, Embry and Evans said the cost of treating someone in a treatment court is much less than sending the person to jail or prison, and it has lower recidivism rates.

And that’s not the only benefit.

Evans said there’s “a human factor savings” with the program that benefits the people and the community. For example, one of the current participants in mental health court is pregnant with a drug-free baby, one of several drug-free babies born during the program. Those types of situations prevent future burdens on the judicial system with additional criminal cases or more children in foster care, as well as increasing the health in the community.

JC and Dimitry said the program is beneficial, but people have to do the work to better themselves.

“You have to put yourself first to do it,” Dimitry said. “I had to get rid of that anger, I had to fix me. I had to get to my issues that were bothering me in the past and why.”

The experiences of York, Dimitry and JC through mental health court have changed their lives and their perspective on the judicial system and law enforcement. Some of those lessons could be useful to others who haven’t gone through their experiences.

“Our community is trying to solve the problem with drug addiction and mental health, and normal citizens might not see it, but law enforcement and the courts are doing what they can for people,” JC said. “We are evidence of that.”

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.