Statewide diversion courts could keep thousands out of jail, but they'll need more investments in treatment to succeed.
A notable example is the case of Selwyn Bernardez, who after his mother's death in 2022, experienced a grief- and drug-induced psychosis. He was found roaming the New York City subway system with a samurai sword and struck a panhandler, resulting in a six-month stay on Rikers Island, which he described as
"hell on Earth."
However, his public defender secured him a spot in the Manhattan Felony Alternative-to-Incarceration Court, a diversion program that allowed him to enter comprehensive treatment. As a result, his felony assault charge was dropped. Bernardez spent a year in intensive therapy, attending recovery meetings, and completing regular court check-ins.
This approach could be replicated statewide, potentially keeping thousands out of jail, but it would require more investments in treatment to succeed.
Author's summary: Lawmakers push to expand mental health courts.