Protective orders: mental health recovery program.
Impact
Effective from July 1, 2021, the bill stipulates that if a court issues a protective order against a person, it may order that individual to enroll in a mental health recovery program. The implementation of this law will empower courts to address not only the immediate concerns of safety but also the underlying issues that may contribute to violent behavior. This dual approach is intended to create better outcomes for both the victims of domestic violence and the perpetrators by fostering rehabilitation whereas existing measures primarily focused on restraint and separation.
Summary
Senate Bill 1253, introduced by Senator Moorlach, seeks to enhance the existing legal framework surrounding domestic violence by mandating participation in mental health recovery programs for individuals subject to protective orders. It allows courts to require these offenders to engage in approved programs which are designed to tackle the psychological aspects of violent behavior. The bill introduces a structured program that includes lectures, classes, group discussions, and counseling, with the overarching goals of stopping domestic violence and aiding the mental health of the batterer.
Contention
While the bill aims to improve rehabilitation for offenders, concerns may arise regarding the effectiveness and accessibility of such mental health resources. Critics might argue that mandating participation without sufficient support systems could lead to non-compliance and further frustration in victims. The sliding fee schedule, which considers the offender's ability to pay, is designed to encourage participation but may also raise questions about equity and the adequacy of mental health services available across different jurisdictions.
Creates Mental Health Diversion Program to divert eligible persons away from criminal justice system and into appropriate case management and mental health services.