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Mental Health Court
Recent crimes around the city have brought
mental health issues to the public’s attention. For a long time, I have
worked to get mentally ill offenders into treatment, where the illness
underlying their criminal activity can be addressed.
In 1998, I launched a new and innovative
program called TADD, or Treatment Alternatives for the Dually Diagnosed,
based on the idea that if we could get mentally ill offenders into treatment
and off drugs, they would be less likely to be rearrested than those left
untreated and sent to prison. Since it started, TADD has placed more than
1,000 mentally ill offenders into treatment.
Based on TADD’s success, in 2002 New York
State’s Chief Judge, Judith S. Kaye, decided to use Brooklyn to try opening
the state’s first felony Mental Health Court, which has now helped more than
400 mentally ill people get treatment. Of those who entered TADD and the
Mental Health Court in 2002, 79 percent had no new arrests two years after
completing the program.
The Brooklyn Mental Health Court combines the
skills and expertise of mental health and criminal justice professionals to
identify, evaluate and treat offenders’ mental illnesses. We can then
balance the offender’s mental health needs with the need to protect public
safety, and monitor the offenders as they undergo treatment.
Mental Health Courts reduce criminal
recidivism, drug addiction and homelessness. Unfortunately, there are not
enough high-quality mental health treatment centers, with residential
facilities and the ability to address the multiple needs of people suffering
from serious and persistent mental illnesses and the array of other issues
that often go along with them, including substance abuse, homelessness and
HIV/AIDS.
For more information about
mental health courts, visit
http://www.courtinnovation.org/.
First Assistant District
Attorney Anne J. Swern oversees TADD and cases that go through the Brooklyn
Mental Health Court. Assistant District Attorney David Kelly prosecutes
cases in the Mental Health Court.
ANNE
J. SWERN

Anne J. Swern is the First
Assistant District Attorney to Kings County District Attorney Charles J.
Hynes. She has been a prosecutor for 27 years. Ms. Swern currently
supervises more than 1,000 employees in the DA’s Office. She oversees three
substance-abuse treatment courts, the Red Hook Community Justice Center and
the Mental Health Court. In addition, she is in charge of the nationally
acclaimed Drug Treatment Alternative to Prison (DTAP) Program, the first
prosecution-run program in the country to divert prison-bound felony
offenders into residential drug treatment. She is the author of the Brooklyn
DTAP Annual Report. Ms. Swern also supervises the TADD (Treatment
Alternatives for Dually Diagnosed) Program, an alternative to incarceration
program which diverts mentally ill defendants into treatment.
Ms. Swern serves on the
Judiciary Committee of the Brooklyn Bar Association and the Prosecution
Function Committee of the American Bar Association. She is a member of the
Board of Directors of the National District Attorney’s Association. Ms.
Swern was selected 1999 Humanitarian of the Year by the Education and
Assistance Corporation and the 2000 Prosecutor of the Year by the Kings
County Criminal Bar Association. She also received the 2006 Thomas E. Dewey
Medal from the Association of the Bar of the City of New York. The award
recognizes the contributions that prosecutors have made to public service.
She is also an adjunct
associate professor at Brooklyn Law School and a recipient of its 2007
Alumni of the Year award. Ms. Swern has guest lectured at several other
universities as well. In addition, she has served as the keynote speaker at
several national conferences dedicated to problem-solving justice.

David Kelly is First Deputy
Bureau Chief in charge of the
Mental Health Court.
The news articles listed below, courtesy of the National District Attorney’s
Association (ndaa.org), may be of interest to you or members of your
community.
HOW ONE MAN'S INVENTION IS PART OF A GROWING
WORLDWIDE SCAM THAT SNARES THE DESPERATELY ILL
In the late 1980s, an out-of-work math
instructor in Colorado built an electronic device he claimed could diagnose
and destroy disease — everything from allergies to cancer — by firing radio
frequencies into the body.
But the U.S. Food and Drug Administration,
which regulates medical devices, ordered William Nelson to quit selling his
machine and making false claims. Nelson refused, and he was indicted on
felony fraud charges. He fled the country, never to return.
That should have been the unremarkable end of
another peddler of medical miracles.
Today, Nelson, 56, orchestrates one of
America's boldest health-care frauds from a century-old building in
Budapest, Hungary. Protected by barred gates, surveillance cameras and
guards, he rakes in tens of millions of dollars selling a machine used to
exploit the vulnerable and desperately ill.
This device is called the EPFX. In the U.S.
alone, Nelson has sold more than 10,000 of them. More have been sold in the
Northwest than in any other region, company officials said.
http://seattletimes.nwsource.com/cgi-bin/PrintStory.pl
HATE CRIME REPORTING UNEVEN
The FBI released its
yearly hate crime statistics yesterday, showing that more than 9,000
offenses were committed because of race, ethnicity, religion, sexual
orientation or physical or mental disability last year, an 8 percent
increase over the year before.
But the report came
under criticism because of wide discrepancies in the numbers reported by the
states.
California reported
the most hate crimes -- 1,604. New Jersey and Michigan reported 1,541 hate
crimes combined. Virginia reported 389 hate crimes, a high among Southern
states, and Maryland reported 218. One city reported more hate crimes than
at least 10 states: Washington, with 64.
Northern states
reported hundreds more hate crimes than Southern states, despite the South's
troubled racial history and the fact that most of the victims of hate crimes
were black. Georgia, Kentucky and North Carolina reported fewer than 230
hate crimes combined. Louisiana, where civil rights protesters marched in
Jena, a rural town where nooses were hung on a tree last year, reported 27
-- seven more than Rhode Island. Alabama reported one hate crime;
Mississippi zero.
Heidi Beirich,
director of research and special projects for the Southern Poverty Law
Center in Montgomery, Ala., which studies hate groups, said many states are
dismissive of hate crimes.
http://www.washingtonpost.com/wp-dyn/content/article/2007/11/19/AR2007111901653_pf.html
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