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Hampton’s behavioral health docket is poised for its first graduation

Daily Press - 10/19/2021

Celebrating successes for defendants on Hampton’s behavioral health docket — things like learning a new skill or staying sober — are as important as keeping a record of their progress.

General District Court Judge Corry Smith oversees the specialized court that offers adult defendants diagnosed with serious mental illness an alternative to a criminal trial.

For the current nine in the program, providing verbal encouragement and rewards, even treats like a pizza night, go a long way to boost perseverance. But even these boosts come with an extra cost.

“I have been personally picking up the tab,” Smith said in an email. “I have used my own money to purchase cards and gift cards. I think it’s important ... to show how proud we are of their success.”

With more than a year since the docket’s launch last August, the alternative court program is counting down to its first graduation ceremony in January.

It was established, among other reasons, as a strategy to help reduce recidivism and the number of people entering the criminal justice system with a serious mental illness. According to a 2018 Virginia Compensation Board survey taken from 57 local and regional jails, one out of four inmates live with a mental health disorder.

The docket is run out of General District Court where Smith and a team, including case workers, lawyers and peer counselors, connect mentally ill defendants with counseling services and a support network. The program is modeled after similar courts in Newport News, Norfolk and Chesapeake and works with local community services boards.

Defendants may be referred by law enforcement, attorneys or judges.

People charged with misdemeanors, or nonviolent offenses such as trespassing, or certain drug offenses, could be referred to the behavioral health docket. Felony referrals are done on a case-by-case basis.

Each defendant also must be diagnosed with a serious mental illness. Examples include bipolar disorder, depression, anxiety or schizophrenia. In Hampton, the yearlong three-phased program meets twice weekly, requires participants to check in regularly with case workers, to stay on prescribed medications and have regular therapist sessions, if necessary.

If defendants stick with it, pending charges may be dismissed.

Of the 26 originally referred to Smith so far, nine have been accepted, 11 rejected and at least three are pending, the judge said via text message. Those rejected are either because they didn’t meet the medical diagnosis or were habitually noncompliant with the program’s rules, she said.

In the past year, the Hampton program has received some funding — including a $35,000 initial state grant last year, another $38,000 state grant this year and a $50,000 grant from Sentara Healthcare and the United Way of the Virginia Peninsula — to help with transportation costs.

Smith says she is working with city officials to establish an account that would accept donations to purchase gift cards and congratulatory cards for participants.

Because the program began during the pandemic, the team and participants had to adapt quickly — dealing with lockdowns, scheduling cases while physically distant and working with clients remotely all while attempting a sense of normalcy.

Speaking like a proud mother, Smith says at least one participant has started a business and set down roots in Hampton, another has returned to college and maintains a high grade point average and still another has completed a trade school, she said.

“I have learned to not rush the process and accept that there is no cookie cutter playbook for every participant,” she said in an email.

Lisa Vernon Sparks, 757-247-4832, lvernonsparks@dailypress.com

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