Mental Health Referrals From Probation Officers: Navigating Mental Health in the Justice System
There is a large amount of overlap between mental health and the justice system. People with mental health conditions often get treated as criminals and charged instead of getting the help they deserve. In fact, according to the Bureau of Justice Statistics, 43% of state and 23% of federal prisoners have a history of a mental health problem.1Â
This high rate of mental health conditions is why mental health referrals from probation officers are so important. Mental health care referrals from the legal system give those in the justice system the mental health support they need. If you or a loved one is involved in the justice system and believes that a mental health condition is present, a mental health professional can support and advise.Â
This article can also help by focusing on understanding the role of probation and mental health care coordination. It covers:
- The role of probation officers and how they can identify mental health needs
- The probation officer mental health referral process
- The benefits and challenges of mental health evaluations
- Answers to frequently asked questions about therapy programs for legal and probation requirements
What Is The Role of Probation Officers in Mental Health Treatment?
Probation officers (POs) assist in supervising people who are placed on probation so they can remain in the community instead of being incarcerated. The goal of probation officers is to work with their assigned person in locating community resources or arranging for services that address that person’s needs.2
The position of POs provides them with a unique opportunity to help those on probation identify mental health concerns and access care. They occupy a unique ground between the justice system and the person’s daily life. POs meet with people regularly — over weeks, months, or years — which gives them time to notice patterns that could signal mental health conditions.Â
POs also have access to official records and personal history that provide them with a fuller picture of the person’s stressors, circumstances, and risk factors. This overview can help identify concerns that might previously have gone unnoticed, allowing POs to recommend mental health treatment as part of probation terms.Â
The Probation Officer Mental Health Referral Process: How It Works
When a PO notices signs that someone under their supervision might be experiencing mental health concerns, they can kickstart the referral process that can help this person get the support they need. The following is an overview of how the probation officer mental health referral process works:
1. Initial Conversation:
Having a conversation is the first step toward making a referral. By talking directly with the person on probation, the PO can take steps to build trust and gather more information. The conversation is best approached with empathy, emphasizing support over compliance, so the person is more likely to be open to receiving care.
2. Screening and Observation:
POs can use routine screenings or observe behaviors to identify people who could benefit from mental health support. They are not trained to use most psychological assessments, but can use simple screening forms such as:
- The Patient Health Questionnaire (PHQ-9) for depression5
- The Brief Jail Mental Health Screen (BJMHS)
- The K6 or K10 scales for psychological distress and mental health disorders
3. Identifying the Right Resources:
Next, the PO draws from trusted and approved outpatient or inpatient treatment options for probation referrals that can meet someone’s specific needs, including individual therapy, support groups, and psychiatric care.
4. Making the Referral:
The probation officer gets consent from the person at hand and then makes the formal referral to the treatment program or provider. This might mean scheduling an initial appointment or sharing relevant documents to move the process along. Additionally, therapy programs may request the following information:
- Why the PO feels the referral is needed (and whether it’s court-mandated or voluntary)
- Relevant medical and psychiatric history
- A list of any current medications the person is on
- A description of symptoms and behaviors observed
- Whether mental health issues are an emergency or a crisis
5. Follow-up and Support:
Finally, once the person starts treatment, the PO is responsible for coordinating with the provider (with consent, of course) to address any barriers, like transportation or living situations.
Mandated treatment may also come from the courts. For example, a judge might mandate inpatient treatment compliance for probation clients. It would then be the PO’s job to assist with finding appropriate programs, follow up with any support, and ensure progress.
Benefits of Mental Health Evaluations For Probation Cases
Mental health evaluations for probation cases are crucial because they provide the opportunity to treat symptoms rather than ignore them. In other words, they’re an important asset in helping those who need it get timely treatment. These mental health evaluations also ensure that people have access to consistent care that helps them build resilience, stability, and hope.Â
Further, research highlights that people mandated for treatment may have higher rates of completing it compared to those who are not mandated. For example, one study shows that people who were mandated to therapy programs for legal and probation requirements were less motivated to start treatment. However, they were more likely to complete the treatment than those who were not court-ordered.3
For the justice system and community, consistent treatment could result in savings in cost, better public safety, and decreased recidivism (the tendency to reoffend). For instance, some studies show that treatment lowers re-arrest rates by upwards of 36%. Therefore, it can reduce the likelihood of crimes being recommitted and demonstrates that providing mental health treatment results in lower federal and state costs.4
To put it as succinctly as possible, the overall results of mental health evaluations and treatment are better outcomes for those in the justice system. They can also lead to lower costs and higher safety levels for the community in general.
Challenges of Mental Health Treatment as Part of Probation Terms
One of the largest challenges to mental health treatment as part of probation terms is access to care. Part of the reason for this is that a large portion of those on probation are low-income and uninsured.6 And, although many of these people might meet criteria for state-funded insurance, like Medicaid, programs that take this insurance may not be available in their area or have long waitlists.
Another barrier to treatment is stigma around mental health and resistance to treatment. The stigma and stereotypes about mental health contribute to negative attitudes about seeking out treatment. At the same time, the criminalization of mental health is also a severely impacting factor in people wanting to seek treatment. Because of these barriers, unless someone is mandated, they might be less open to discussing mental health concerns with their PO or attending treatment.Â
If barriers to discussing or receiving treatment are preventing you or a loved one from getting the support you need, a compassionate mental health professional can guide you on how to reduce these obstacles.Â
Find Therapy Options to Satisfy Probation Conditions with Mission Connection
For many people on probation, attending therapy may be less a personal choice and more a condition of their probation. The team at Mission Connection takes mental health referrals from probation officers. Our aim is to work closely with these POs and the court system to make sure therapy fits the legal requirements while still centering on your personal needs.Â
Whether you need individual counseling, group therapy, or trauma-focused treatment, we create a plan that not only fulfills probation requirements but also supports lasting change in your life. We’ll provide any necessary documentation for the court or your probation officer, and can communicate (with your consent) to keep your supervision team updated on your progress.
If you have any questions or concerns about the role of probation officers in your mental health treatment, our team is available 24/7 to put your mind at ease. Contact us today to learn more.Â
Frequently Asked Questions About Mental Health Referrals From Probation Officers
Court involvement in mental health treatment can be distressing. For this reason, we’ve provided a list of responses to frequently asked questions about mental health referrals from probation officers to help you feel as informed as possible.Â
Will My PO Know Everything We Talk About in Therapy?
No, not everything. While having consent to speak with your PO is highly recommended (and in some court-mandated cases, required), we only provide information that is relevant. We will discuss with you what information you feel comfortable sharing, what might be required by the courts, and what is required of us to share. For instance, threats of harm to yourself or others won’t be covered under confidentiality.
Does Probation Pay for Therapy?
No, probation does not pay for therapy. It would be your responsibility to provide payment. This might mean paying out-of-pocket or using insurance. In many cases, if you do not have insurance, your PO will work with you to obtain it. We take a variety of insurance options and can work with you and your PO to find the most cost-effective treatment.Â
Are There Inpatient Programs for Court-Mandated Mental Health Care?
Yes, you can find either outpatient or residential mental health programs for probation referrals. Inpatient programs are generally used in place of incarceration and are more highly structured. Whether you are required to attend outpatient or inpatient is sometimes up to the courts.
How Can Mission Connection Ensure I Meet Requirements for Probation?
Our team provides comprehensive mental health care for various mental health conditions. Plus, our programs offer evidence-based approaches that are supported by the courts. We will work with you and your probation officer to ensure that you’re provided with a treatment plan that meets the requirements of your probation. We can also supply documentation of progress and treatment updates.Â
References
- Bureau of Justice Statistics. (n.d.). Indicators of mental health problems reported by prisoners: Survey of prison inmates, 2016. U.S. Department of Justice, Office of Justice Programs. https://bjs.ojp.gov/library/publications/indicators-mental-health-problems-reported-prisoners-survey-prison-inmates
- Office of Probation and Pretrial Services, Administrative Office of the U.S. Courts, & U.S. Probation and Pretrial Services. (2007). Investigation. https://www.nvp.uscourts.gov/downloads/about-us/role_of_probation_officers.pdf
- Coviello, D. M., Zanis, D. A., Wesnoski, S. A., Palman, N., Gur, A., Lynch, K. G., & McKay, J. R. (2012). Does mandating offenders to treatment improve completion rates? Journal of Substance Abuse Treatment, 44(4), 417–425. https://doi.org/10.1016/j.jsat.2012.10.003
- Nesbit, R. (2022). The role of mandated mental health treatment in the criminal justice system. arXiv. https://doi.org/10.48550/arxiv.2212.06736
- Brooker, C., Sirdifield, C., & Parkhouse, T. (2022). Identifying mental illness and monitoring mental health in probation service settings. European Journal of Probation, 14(3), 179–203. https://doi.org/10.1177/20662203221140646
- Regenstein, M., & Nolan, L. (n.d.). Implications of the Affordable Care Act’s Medicaid expansion on low-income individuals on probation. Health Sciences Research Commons. https://hsrc.himmelfarb.gwu.edu/sphhs_policy_facpubs/297/
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