CASPER — A pilot court program to divert people arrested for misdemeanor offenses who have mental illnesses and substance addictions has earned the attention of the Wyoming Supreme Court.
Casper City Attorney Eric Nelson has been working with Supreme Court Justice John Fenn on implementing a pilot program in Casper Municipal Court that diverts people with mental health conditions into treatment instead of jail.
Nelson said he has also been collaborating with Central Wyoming Counseling Center to implement the voluntary program, which began in October.
“Initially, we instituted a program where we deferred prosecution and we didn’t get (many) takers,” he said. “So, the decision was made to kind of pivot.
“We would sentence them, but then give them credit for actually getting treatment, getting help, and that has been much more successful.”
Potential participants need to have a mental illness determined through an assessment process and be involved in a non-violent offense. Casper Municipal Court judges report they see a lot of repeat offenders who potentially fit the criteria.
Casper Municipal Judge Lisa Gillespie recently to the City Council that from Oct. 6 through Jan. 13, there were 142 cases involving defendants who qualified for the pilot program and 93 people signed up. Twenty defendants were charged in more than one case.
The Process
Nelson said the process involves his office in collaboration with the Central Wyoming Counseling Center convening a diversion program team within 70 hours of a person’s arrest, which then leads to the evaluation of the candidate for admission.
“These are people that we see once, twice a week on usually alcohol, public intoxication-type of charges,” Gillespie said. “Of the 93 people, 19 of them actually sought counseling, but only one actually enrolled in an intensive inpatient treatment, which I am hoping that will get better.”
Municipal Judge Robert Hand Jr. said that Central Wyoming Counseling Center’s Erika Sanchez, a diversion and re-entry specialist, attends arraignments involving those brought to court in custody “to hear what’s going on in their life.”
Sanchez then goes to the jail and meets with those who have been arrested to determine potential eligibility for the program.
While some defendants would rather just pay the fines, Hand said others have piled up $10,000 or more in fines after continual appearances.
“So, one of the things that we’re trying to do is to give them the incentive … we are giving them credit on a monthly basis if they submit proof to the court that they are actively engaged in some kind of treatment or counseling,” Hand said.
Hand said the program is working.
Those who go into an inpatient program get $30 a day off their fine. Those enrolled in the inpatient program are covered by the state’s contract with the counseling center. Those who attend AA meetings or other similar support groups to change their lives also receive a financial incentive from the court.
“I really haven’t seen in my time a program that I think is effective to get people to want to get themselves out,” he said.
The new diversion program in Casper’s Municipal Court can potentially save the city $140 a day by avoiding sending nonviolent offenders to jail. the jail. (Dale Killingbeck, Cowboy State Daily) 
A pilot program in Casper’s Municipal Court aims to divert people with mental health issues and substance disorders to a treatment program. City Attorney Eric Nelson said it’s getting kudos from the Wyoming State Supreme Court. (Dale Killingbeck, Cowboy State Daily)
Establishing A Rapport
Sanchez said she tries to establish a rapport with the people coming through the court and explain the services that are offered.
Even those who may not qualify for the pilot program, she tries to connect with a resource that can potentially turn their life around.
While change doesn’t happen overnight, she said that since October about 15 have taken advantage of the diversion program and have gone through a Central Wyoming Counseling Center treatment program.
Those who graduate from the program receive a diploma, and the center works with them to find employment, get a driver’s license and help them with other skills to keep them out of jail and employed.
Through the success of the pilot program, Nelson said the next step is to formalize it through a cooperative agreement with the Wyoming Judicial Branch, Wyoming Department of Health, Central Wyoming Counseling Center and the city.
Nelson said his office has been working with the state Supreme Court to change statewide rules to “allow for more flexibility for localities such as ours to implement a program that makes sense for us.”
He said the “beauty” of the program is that there are not additional costs for the city and the hope is to save money through the diversion.
“Every person that we can divert from having to incarcerate and we can get into treatment in a place like Central (Wyoming Counseling Center) is saving us dollars because we are paying roughly $140 a day to incarcerate them,” he said.
Central Wyoming Counseling Center spokesperson Kendall Hickman said because her agency already has a contract with the state for its inpatient and outpatient program that prioritizes individuals involved with law enforcement issues, the center’s expenses are covered as well.
“It’s a win, win,” Nelson said.
Nelson said Supreme Court justices plan to visit Casper for a formal signing ceremony in the near future.
Natrona County District Attorney Dan Itzen said the county also has been working toward joining the diversion program and expects to see that start in coming months for individuals arrested and headed for Casper Circuit Court.
He sees it as another “tool” for his office when dealing with lower-level offenses.
“It will kind of be run like a probation would,” he said. “We will try and get people some stable housing and treatment and see if we can’t break that cycle of criminal activity.”
Dale Killingbeck can be reached at dale@cowboystatedaily.com.
