31 August 2023
DULUTH A new court initiative aims to improve downtown safety by focusing on addressing the needs of a small number of people who authorities say are responsible for a high number of low-level offenses that have left business owners and residents feeling unsettled.
The South St. Louis County Mental Health Court this month launched a new pilot track, dubbed “Misdemeanor Plus,” to take on clients who otherwise wouldn’t be able to participate in the program due to its felony-level requirement.
The goal, leaders said, is to essentially identify a “top 10” list of chronic offenders who tend to be the subjects of dozens of police calls and repeated arrests or citations, and provide them with the same level of intensive services and supervision that are available to those facing more serious charges.
“We want to be able to get folks stabilized,” Judge Amy Lukasavitz said. “Get them to a place where they are medication-compliant, able to get work, able to find housing.”
The Duluth courthouse has maintained the mental health-focused treatment court since 2009, but it has to this month been limited to felony defendants a point of frustration for attorneys and judges who have expressed a desire to see a program that works with petty crimes that affect quality of life, particularly in downtown Duluth.
People want to equate mental illness to other medical conditions. It’s not. It’s something people are struggling with every day of their lives. It’s particularly challenging when people don’t even have housing.
Mental health court, like other specialty treatment courts, is led by a team that includes a judge, prosecutors, defense attorneys, police, probation officers, treatment professionals, case managers and others. It is a three-phase program that operates based on rewards and sanctions, with frequent court appearances and individual-specific connections to housing, treatment, therapy, medications and other needs.
Michael Karstens, treatment courts coordinator for the 6th Judicial District, said there are three times as many people nationwide with mental illness incarcerated in jails and prisons than there are receiving treatment in hospitals.
He said the treatment court provides an estimated $6,744 in public savings per participant and has been shown to lead to an 85%-95% reduction in charges over two years for participants in the felony program. However, it takes willing participation from defendants.
“They’re going to be asked to work as hard on themselves as they ever have,” Karstens told business leaders at a Wednesday public safety meeting hosted by the Downtown Duluth membership organization. “But there are such huge benefits.”
Lukasavitz, who served on the felony mental health court team when she was a public defender, is now presiding over the program. But she noted the misdemeanor addition was the brainchild of Judge Sally Tarnowski, who led the mental health court from its inception until her unexpected death in March.
“It’s a true labor of love for myself and the team,” Lukasavitz said.
The new initiative will screen clients based on referrals from police, probation, public defenders and city and county prosecutors, with participants able to be identified pre-plea or while facing probation violations.
Two participants are signed on so far, and the team is looking to add a few more as the program gets off the ground. Luksavitz indicated the program could eventually grow to serve approximately 20 people at a time.
But officials noted the focus on gross misdemeanor and misdemeanor cases comes with time limitations that are not present in felony cases, where defendants are looking at prison time. For example, a misdemeanor only carries a maximum of 90 days in jail or one year of probation.
Still, Deb Holman said she sees significant potential. The Chum street outreach worker, who is also involved with the treatment court, said the misdemeanor track is essentially a revival of an old program that was known as “community court.”
“There were a lot of success stories from that,” Holman said. “A lot of folks are still housed today. Some have some jobs; some are on disability. But a high percentage of people who went through that are doing well today.”
Duluth Police Chief Mike Ceynowa agreed, saying the program is a welcome addition as city and business leaders strive to reinvent downtown for a post-pandemic world where many employees are working from home and societal issues such as addiction and mental illness have become more visible.
“It’s not going to be an overnight process,” Ceynowa acknowledged. “People want to equate mental illness to other medical conditions. It’s not. It’s something people are struggling with every day of their lives. It’s particularly challenging when people don’t even have housing. It’s important to have supports and programs like this to establish a path forward.”
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