Chief Justice Task Force Strategic Plan 7/9/08

CHIEF JUSTICE TASK FORCE ON CRIMINAL JUSTICE AND
MENTAL HEALTH COLLABORATION
STRATEGIC PLAN
July 2008
1.

Introduction

The Chief Justice Task Force on Criminal Justice and Mental Health Collaboration
was appointed by the Supreme Court and charged with creating a plan to improve the
response to individuals with mental illness and co-occurring disorders who are involved
with, or at risk of becoming involved with, the criminal justice system. The strategic
planning process was supported by a small grant from the Council of State Governments.
The Task Force is an interdisciplinary group that includes representatives of Vermont's
judicial, executive, and legislative branches as well as advocates and consumers. (See
Appendix 1 for a list of Task Force members.)

2.

Task Force Charge

The Charge to the Task Force from the Supreme Court reads, in part:
The Vermont Criminal Justice & Mental Health Task Force is hereby established as a
collaborative, interdisciplinary effort to bring together those who are in charge of
decisions which impact people with mental illness and co-occurring disorders prior to
and during contact with the criminal justice system. The Task Force will:
(1) Develop a preliminary plan that includes the issues, deliverables, governance
structure, staffing and support; the final plan will include performance and
outcome indicators designed to measure the impact of the changes.
(2) Will establish a cohesive structure to support statewide initiatives;
(3) Will include high-ranking state officials, representatives of all three branches of
government and will include representatives from relevant systems (mental
health, criminal justice, substance abuse treatment) as well as others who provide
services to this population (housing, advocates);
(4) Report back to the Supreme Court with recommendations regarding policy
matters that are identified through their efforts.

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Chief Justice Task Force Strategic Plan 7/9/08

3.

Statement of Purpose
The Task Force adopted the following statement of purpose to guide its work:

The Chief Justice Task Force is a collaborative, interdisciplinary effort that will
design and begin to implement a statewide strategy to improve the response to individuals
with mental illness and co-occurring disorders who are involved with, or at risk of becoming
involved with, the criminal justice system.
The Task Force will focus on pre-arrest, pre-trial detention, and sentencing.
Strategies will be designed to respect individuals and their rights and to engage the most
appropriate, least restrictive community services on their behalf. Strategies will enhance
public safety, address the cycle of re-offense, improve the health and quality of life of the
individual and community, and make good use of taxpayer dollars.

4.

Parameters for the Strategic Plan

At the start of its planning process the Chief Justice Task Force identified the
following parameters for the Strategic Plan:

o The target populations for the plan are those individuals whose conditions result in
cognitive impairment, functional impairment, and impairment in decision-making.
This includes individuals with mental health conditions, substance abuse conditions,
and other conditions that affect functional ability (e.g., developmental disabilities,
autism spectrum disorders, traumatic brain injury).

o The target population excludes violent offenders and sex offenders.
o The plan will focus on the "front end" of the criminal justice system (i.e., law
enforcement, emergency services, post-arrest initial detention and initial hearings,
and sentencing) and the intercept points at which individuals can be diverted from
the criminal justice system.
o The plan will address issues that have a role for or impact upon the courts.
o Strategies will be designed to respect individuals and their rights and to engage the
most appropriate, least restrictive community services on their behalf.
o Strategies will enhance public safety, address the cycle of re-offense, improve the
health and quality of life of the individual and community, and make good use of
taxpayer dollars.
o The plan will include low-cost strategies for achieving tangible results (outcomes)
for targeted populations.
o The plan will include a statewide policy or procedure that will be effective in
producing the tangible result or outcome.
o The plan will utilize strategies about which there is ready agreement, and which are
feasibly and readily achieved.

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Chief Justice Task Force Strategic Plan 7/9/08

5.

Strategic Planning Process

The Task Force met seven times between August 2007 and May 2008. Its initial
work focused on gaining an understanding of the issues and assessing need through
informational presentations, review of data, and facilitated discussion. Next, it used a
structured method to select three priority issues to be addressed by the Strategic Plan:
1. A lack of connection and coordination between supports and services offered
to the target populations.
2. A tendency to turn to the criminal justice system rather than using
alternative strategies to divert individuals from the criminal justice system.
3. Gaps in knowledge, skills, and information that constrain the use of an
integrated approach.
The Task Force identified goals to be accomplished in each of the priority areas.
Work groups met over the winter months to develop objectives and strategies for achieving
the goals. The work groups were comprised of Task Force members as well as additional
individuals who have expertise in the specific issue area. (See Appendix 2 for a list of work
group participants.)
One issue arose during the work group process that seemed to cut across all three of
the priorities areas. The term "criminal justice-capability" was coined to capture the desired
outcome in this cross-cutting problem area. It appears as an Overarching Issue at the start of
the Goals and Objectives section of the Strategic Plan.
Public input was solicited throughout the planning process. Members of the public
were invited to observe Task Force meetings, and a public comment period at the end of
each meeting offered the opportunity for individuals to speak to the Task Force. In addition,
a structured process was used to solicit feedback from interested community groups on draft
components of the Strategic Plan as they were developed. Eight of the fifteen participating
community feedback groups responded with comments and suggestions during two
feedback cycles. Their feedback was considered by the Task Force and work groups and
integrated into the Strategic Plan. (See Appendix 3 for a list participating community
feedback groups.)
The Task Force finalized and adopted the goals and objectives for the Strategic Plan
at its May 2008 meeting.
The strategic planning process is not yet finished. As the final step, the work groups
will be reconvened and tasked with creating detailed work plans for accomplishing each of
the objectives. The work plans will include timelines and evaluation measures for each
objective.

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Chief Justice Task Force Strategic Plan 7/9/08

6.

The Sequential Intercept Model

Throughout the planning process, the Task Force utilized the framework provided by
the Sequential Intercept Model. The model offers a conceptual framework for considering
the interface between the criminal justice and mental health systems as they address
concerns about criminalization of people with mental illness. 1
The Sequential Intercept Model also provided a useful format for clarifying the focus
of a panoply of additional initiatives and committees that have been working concurrently
on issues that relate, wholly or in part, to the interface of criminal justice and mental health.
A graphic representation that was developed for the Chief Justice Task Force has proved to
be a useful tool for coordination and understanding among the various groups. (See
Appendix 4.)

1

Munetz, M.R. and Griffin, P.A., Use of the Sequential Intercept Model as an Approach to Decriminalization
of People with Serious Mental Illness. Psychiatric Services. ps.psychiatryonline.org, 57:544-549, April 2006.

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Chief Justice Task Force Strategic Plan 7/9/08

7.

The Strategic Plan: Goals and Objectives

NOTE: Timelines for accomplishing each objective will be included in the
detailed work plans that will be developed for each goal.
OVERARCHING ISSUE: CRIMINAL JUSTICE-CAPABILITY
Problem Statement: An integrated systems approach is a new way of doing business
where the treatment system, criminal justice system, and community support systems work
together with affected individuals and families to help an individual succeed. Rather than
complementing each other, these disparate systems historically have worked with minimal
connection to each other. The resulting lack of understanding about each others' systems
presents barriers to the provision of an integrated response that will support the best
outcome for the individual. This problem cuts across all three issue areas of the Strategic
Plan.
Goal: Utilize and develop "criminal justice-capable" models, collaborative teams, and
programs that understand and take into account the interconnections between law
enforcement, hospital emergency departments, crisis workers, prosecutors, defense counsel,
courts, human services, and treatment.
OBJECTIVES:
1. Define "criminal justice-capable" and identify measurable core competencies.
2. Identify existing and/or create cross-disciplinary "criminal justice-capable" local
teams of stakeholders including law enforcement, service providers, and
representative consumers.
3. Hold meetings of local teams designed to increase understanding of roles and
responsibilities; to identify existing resources for diversion from the criminal
justice system based on the Sequential Intercept Model2; and to identify and
address gaps in resources.
4. Identify and/or develop models for providing service coordination and noncategorical case management that are "criminal justice-capable."

2

The Sequential Intercept Model envisions 5 points of interception along a continuum at which an
intervention can be made to prevent individuals from entering or penetrating deeper into the criminal justice
system: (1) law enforcement and emergency services, (2) post-arrest: initial detention and initial hearings, (3)
post-initial hearings: jail, courts, forensic evaluations, and forensic commitments, (4) re-entry from jails, state
prisons, and forensic hospitalization, and (5) community corrections and community support. (Munetz and
Griffin, op. cit.)

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Chief Justice Task Force Strategic Plan 7/9/08

ISSUE AREA 1: INTEGRATED APPROACH
Problem Statement: While the Task Force is concerned about the gaps and
inconsistencies in the supports and services that are available in communities around the
state, we do recognize that some services are currently available. However, those services
that are available often operate on parallel tracks and there is little connection and
coordination between them. There isn't an integrated systems approach to organizing
supports and services at all points along the Sequential Intercept Model continuum.
Goal: Develop an integrated approach to information-sharing, assessment, case
management, and services that incorporates existing systems and resources as much as
possible. This integrated approach will be responsive to individual needs and assist in the
diversion of appropriate individuals from the criminal justice system.
OBJECTIVES:
1. Create agreements/Memoranda of Understanding among local agencies for
working together to serve individuals.
2. Develop a protocol and process for sharing information, requiring the informed
consent of the individual, for use from pre-adjudication through pre-sentencing,
for the purpose of developing an integrated services plan for individuals whose
conditions result in impaired decision-making or functioning.3
3. Implement utilization of evidence-based, uniform screening tools for identifying
individuals whose conditions result in impaired decision-making or functioning,
for use at every intake point.
4. Implement utilization of evidence-based, uniform assessment tools for
evaluation of individuals whose conditions result in impaired decision-making or
functioning, for use after screening and referral.
5. Develop a referral process that considers individual needs and risks regarding
treatment and supervision and results in placement of each individual in a
program well suited to her/his needs and risks.

3

Conditions include mental health conditions, substance abuse conditions, developmental disabilities,
traumatic brain injury, trauma, and co-occurring disorders.

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Chief Justice Task Force Strategic Plan 7/9/08

ISSUE AREA 2: ALTERNATIVE STRATEGIES
Problem Statement: The criminal justice system is often resorted to out of expedience
when alternative strategies have not been exhausted, when the service system is ineffective,
when services are unavailable or inaccessible, or when knowledge about services is lacking.
Goal 1: Increase the awareness about and use of available and appropriate strategies at the
local level as an alternative to the criminal justice system.
OBJECTIVES:
1. Determine the causes of current underuse of available and appropriate strategies
at the local level.
2. Identify and pilot sound local practices and disseminate them to other
communities, with specific attention to approaches that support new ways of
working together.

Goal 2: Develop, adopt, and fund models that increase services and fill gaps in services.
OBJECTIVES:
1. Identify cross-system models (such as treatment courts) that reflect regional
criteria and needs.
2. Create mechanisms to identify and blend funding streams that cut across
conditions.
3. Support the exploration of funding mechanisms that will allow individuals to
receive community-based supportive services as an alternative to incarceration.

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Chief Justice Task Force Strategic Plan 7/9/08

ISSUE AREA 3: KNOWLEDGE, SKILLS AND ATTITUDES
Problem statement: Within and between the disparate systems that will work together in
an integrated systems approach, there exist knowledge gaps, skill gaps, and information
gaps. These gaps create barriers to providing an integrated response. These gaps can best be
addressed by tailored education and training within each system, as well as across systems.
Goal: Enhance the knowledge, skills and attitudes needed to provide an effective,
integrated response to individuals who are involved with or at risk of becoming involved
with the criminal justice system.
OBJECTIVES
1. Increase acceptance and support of alternatives to the criminal justice system
among the general public.
2. Increase acceptance, support, and use of alternatives to the criminal justice system
among professionals working in relevant systems.
3. Increase the knowledge and skills of law enforcement officers regarding
recognizing individuals whose conditions result in impaired decision-making or
functioning; using a screening tool and brief intervention; and referring them to
available services. (SBIRT model)4
4. Increase the knowledge and skills of attorneys regarding recognizing individuals
whose conditions result in impaired decision-making or functioning;
understanding the ways in which disability may affect an individual's ability to
complete a sentence or program; using a screening tool and brief intervention; and
referring them to available services. (SBIRT model)
5. Increase the knowledge and skills of treatment providers regarding using
evidence-based screening and assessment tools for individuals with impaired
decision-making and how to interact effectively with those individuals; the ways
in which disability may affect an individual's ability to complete a sentence or a
program; and the criminal justice system and its alternatives.
6. Increase the knowledge and skills of judges and court clerks regarding
alternatives to the criminal justice system and other community services to
encourage referrals for affected individuals; how to recognize, engage, and
interact effectively and appropriately with those individuals; and the ways in
which disability may affect an individual's ability to complete a sentence or
program.
7. Increase the knowledge and skills of court officers and security personnel
regarding recognizing, engaging, and interacting effectively and appropriately

4

SBIRT stands for screening, brief intervention, and referral to treatment and services.

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Chief Justice Task Force Strategic Plan 7/9/08
with individuals whose conditions result in impaired decision-making or
functioning.
8. Increase the knowledge and skills of hospital emergency departments regarding
trauma-informed approaches to individuals who exhibit impaired decision-making
or functioning and the importance of expediting cases when individuals are
accompanied by law enforcement.

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Chief Justice Task Force Strategic Plan 7/9/08
Appendix 1
Task Force Members
Hon. Paul L Reiber
Chief Justice
Vermont Supreme Court
Senator John Campbell
Barbara Cimaglio
Deputy Commissioner
Vermont Department of Health
Division of Substance Abuse Programs

George Karabakakis, PhD
Chief Operating Officer
Health Care & Rehabilitation Services of
Southeast Vermont
Larry Lewack
Executive Director
NAMI – Vermont
Representative William Lippert

Hon. Geoffrey Crawford
Mental Health Court Judge

Representative Michael Mrowicki

Hon. Amy Davenport
Administrative Judge

A.J. Ruben, Esq.
Vermont Protection and Advocacy

RJ Elrick, Executive Director
Vermont Criminal Justice Training
Council

Michael Sabourin
Public Member

Gail Falk, Esq.
Office of the Public Guardian
Vermont Department of Disabilities,
Aging and Independent Living
Mary Fitzgerald
Vermont Psychiatric Survivors

Anna Saxman, Esq.
(designee for Matthew Valerio)
Deputy Defender General
Jane Woodruff, Esq.
Executive Director
Vermont Department of State’s Attorneys
and Sheriffs

Representative (Margaret) Peg Flory
Michael Hartman
Commissioner
Vermont Department of Mental Health
Robert Hofmann
Commissioner
Vermont Department of Corrections
Scott Johnson
Deputy Commissioner
Vermont Agency of Human Services
Division of Field Services

Staff and Consultant
Erica Garfin
Planning Consultant
Karen Gennette
Vermont Treatment Court Coordinator
Office of the Court Administrator

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Chief Justice Task Force Strategic Plan 7/9/08
Appendix 2
Work Group Participants
* member of the Chief Justice Task Force
**staff to the Chief Justice Task Force

Integrated Approach Work Group
Barbara Cimaglio*
Deputy Commissioner, Vermont Dept. of Health, Div. of Substance
Abuse Programs
Karen Gennette**
Office of the Court Administrator
Scott Johnson*
Deputy Commissioner, Vermont Agency of Human Services, Div.
of Field Services
Capt. Ray Keefe
Commander, Vermont State Police Training Division
Susan Onderwyzer
Vermont Dept. of Corrections
John Perry
Vermont Dept. of Corrections
Anna Saxman*
Deputy Defender General
Michael Sabourin*
Public member, Chief Justice Task Force
Tom Simpatico, MD
Medical Director, Vermont State Hospital
Bob Wolford
Howard Center

Alternative Strategies Work Group
Robert Appel
Vermont Human Rights Commission
Bob Bick
Howard Center
Sheriff Keith Clark
Windham County Sheriff
Barbara Cimaglio*
Deputy Commissioner, Vermont Dept. of Health, Div. of Substance
Abuse Programs
Willa Farrell
Court Diversion Director, Office of the Attorney General
Mary Fitzgerald*
Vermont Psychiatric Survivors
Karen Gennette**
Vermont Treatment Court Coordinator
Larry Lewack*
NAMI-Vermont
George Karabakakis*
Health Care & Rehabilitation Services of Southeast Vermont
Michael Sabourin*
Public member, Chief Justice Task Force

Knowledge, Skills and Attitudes Work Group
Karen Crowley
Vermont Dept. of Health, Div. of Substance Abuse Programs
RJ Elrick*
Vermont Criminal Justice Training Council
Pat Gabel
Office of the Court Administrator
Karen Gennette**
Office of the Court Administrator
Mary Pickener
Vermont Dept. of Health, Div. of Substance Abuse Programs
Frank Reed
Vermont Dept. of Mental Health
AJ Ruben*
Vermont Protection and Advocacy
Michael Sabourin*
Public member, Chief Justice Task Force
Anna Saxman*
Deputy Defender General
Tom Simpatico, MD
Medical Director, Vermont State Hospital
Cindy Taylor-Patch
Act 80 Law Enforcement Training Group, Office of the
Attorney General
Jane Woodruff*
Vermont Dept. of State's Attorneys and Sheriffs

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Chief Justice Task Force Strategic Plan 7/9/08
Appendix 3
Community Feedback Groups

The following groups accepted the Task Force's invitation to provide feedback on the
components of the Strategic Plan as they were developed. Those indicated in bold
ultimately participated actively in the feedback process by offering comments and
suggestions.

Act 80 Law Enforcement Training Group
Alliance for Building Community
Department of Corrections Citizens Advisory Group
Disability Law Project, Vermont Legal Aid
Department of Mental Health Standing Committee on Adult Mental Health
Friends of Recovery Vermont
National Association of Social Workers, Vermont Chapter
Vermont Association for Mental Health
Vermont Council of Developmental and Mental Health Services
Vermont Council of Developmental and Mental Health Services – Emergency Services
Coordinators
Vermont Center for Crime Victim Services
Vermont Human Rights Commission
Vermont Network Against Domestic Violence and Sexual Assault
Vermont Psychiatric Survivors

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Chief Justice Task Force Strategic Plan 7/9/08
Appendix 4
Summary of Criminal Justice / Mental Health Initiatives and Committees

Behavioral Health System

Criminal Justice System

Law
Enforcement &
Emergency
Services

Post Arrest:
Initial
Detention &
Initial Hearings

Post Initial Hearings:
Jail, Courts, Forensic
Evaluations &
Commitments

Reentry From Jail,
Prison and Forensic
Hospitalization

Community
Corrections and
Community
Supports

Legislative Study Committee on
Community Based Alternatives
Law
Enforcement
Trainings on
Working with
People with MI

Sentencing Commission

Justice Reinvestment Working Group

Chief Justice Task Force
on Mental Health and Criminal Justice

Legislative
Corrections
Oversight Committee
(MH Issues)

Vermont Integrated Services Initiative
Mental Health Oversight Committee
Legislative Study Committee on Substance Abuse Treatment System

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