Judge D'Emic adopts practices from Brooklyn Mental Health Court on a nationwide scale
Judge Matthew D'Emic, presiding over Brooklyn's Mental Health Court, is at the forefront of a unique initiative that aims to divert adults with serious mental illness away from the justice system and into community-based treatment and support services.
D'Emic's career path did not initially involve mental health or criminal law. He began as a general practice attorney for 15 years before finding his calling in the specialized field of mental health courts.
The court, established in 2002 by Former Chief Judge Judith Kaye and Brooklyn District Attorney Charles J. Hynes, operates within the criminal justice system to address the underlying mental health issues contributing to legal involvement. It offers alternatives to punitive incarceration, providing access to therapeutic interventions instead of jail time for people with mental illness.
The diversion program steers participants towards stable housing, mental health treatment, and social support, with the goal of reducing recidivism and improving individual outcomes. The court is staffed by specialized attorneys, social workers, and other professionals who collaborate to develop tailored legal defenses and connect participants to appropriate care.
One of D'Emic's most significant achievements is the implementation of a program called Assisted Outpatient Treatment (AOT) in three counties - Nassau, Kings, and Onondaga - to study its effectiveness in urban, suburban, and rural areas.
However, the court faces challenges. Systemic issues such as racial disparities and the stigma surrounding mental illness persist, with Black individuals disproportionately represented in the criminal justice population with mental health diagnoses. Reductions in diversion programming and punitive shifts in related systems can undermine the court's effectiveness and limit alternatives for youth and emerging adults.
Funding, resource allocation, and legislative support remain critical needs to sustain and expand diversion programs statewide. Advocacy for legislation like the Treatment Court Expansion Act is ongoing to address these needs.
Despite these challenges, success stories abound. D'Emic recalls a young man who was diagnosed with mental illness, entered the program, showed signs of improvement, and hasn't been heard from since - a testament to the court's impact.
D'Emic's office is filled with art work created by defendants who have come before him, a reminder of the lives touched by this innovative court. He finds comfort in not hearing from defendants who he has released and are safe.
In a broader context, New York State Chief Judge Rowan Wilson advocates for every court to become a problem-solving court. D'Emic, as the co-chair of the New York State Judicial Task Force on Mental Illness, is focused on extending specialized mental health courts across the state.
D'Emic is also a vocal advocate, giving talks on the court in Scotland and hosting judges from Australia and Canada. He believes that supervised treatment is a viable alternative to incarceration, citing cases like a young woman who killed her infant and a young man charged with a hate crime.
However, D'Emic emphasizes the importance of the government's role in addressing the gaps in care that often stem from a lack of available beds for those with mental illness who are a danger to themselves or others, leading to them being released too soon and ending up back in their previous living conditions.
In conclusion, Brooklyn’s Mental Health Court represents an important intervention within the criminal justice system, providing diversion and tailored support for defendants with mental illness. It has successfully helped many individuals avoid incarceration and receive appropriate care, but faces challenges from systemic inequities, limited resources, and evolving criminal justice policies. Continued legislative backing and community collaboration are vital to its continued success and expansion.
The court, under D'Emic's leadership, promotes a shift from punitive incarceration to health-and-wellness focused interventions, particularly focusing on mental health. D'Emic's efforts extend beyond Brooklyn, as he advocates for mental health courts nationwide, highlighting science-backed treatment as an alternative to traditional criminal justice approaches.
