MENTAL HEALTH TREATMENT

What is mental health treatment in the federal

probation and pretrial services system? 

Mental health treatment is one of many tools U.S.

probation and pretrial services officers use to

supervise, or monitor, defendants and offenders in

the community. Mental health treatment may include

such services as psychological/psychiatric

evaluations and individual, family, or group

counseling by a licensed/certified psychologist,

psychiatrist, or other practitioner who meets the

standards of practice established by their state’s

professional regulatory board. It also may include

medication. 

Who receives mental health treatment?

Mental health treatment is ordered either by the U.S.

district court or by the U.S. Parole Commission as a

condition of releasing individuals under federal

supervision to the community. These persons either

are on probation, parole, or supervised release after

being in prison, under pretrial supervision while

awaiting a court appearance, or conditionally

released after incarceration at a Bureau of Prisons

Federal Medical Center. 

What is the purpose of mental health treatment?

Mental health treatment provides officers with the

ability and the means to identify, assess, and provide

treatment for defendants and offenders with mental

disorders as ordered by the court or U.S. Parole

Commission. For offenders under post-conviction

supervision, treatment helps officers enforce the

conditions imposed by the court or Parole

Commission, control the danger defendants and

offenders may pose to society, deter criminal

behavior, and promote law-abiding behavior. For

defendants under pretrial supervision, treatment

helps officers reasonably assure that these persons

appear in court and that society is protected from

potential harm. 

When is a defendant or offender considered to be

suffering from a mental health disorder?

According to the Guide to Judiciary Policies and

Procedures, a defendant or offender is considered

to be suffering from some form of mental disease or

defect when the individual’s behavior or feelings

deviate so substantially from the norm as to indicate

disorganized thinking, perception, mood, orientation,

and memory. Mental health disease or defect may

range from the mildly maladaptive to the profoundly

psychotic and may result in unrealistic or aberrant

behavior, grossly impaired judgment, inability to

control impulses or to care for oneself or meet the

demands of daily life, loss of contact with reality, or

violence to oneself or others. 

How do officers identify individuals with mental

health problems?

Individuals may come to the probation or pretrial

services office already diagnosed with a mental

health disorder. Or, officers may identify these

persons through information in case files, interviews

with the individuals and their families and friends, or

consultation with mental health professionals. 

How many individuals with court-ordered mental

health conditions does the federal probation and

pretrial services system supervise? 

As of September 30, 2002, of the more than 135,000 

persons under the supervision of U.S. probation and

pretrial services officers, almost 11,000 were

receiving contracted mental health treatment

services. Although the number seems relatively

small, the persons in this particular group can be

especially challenging to supervise. 

How is supervising these individuals difficult?

Compared to the average defendant or offender, the

individual with mental health challenges routinely

needs more intensive monitoring, often requires

specialized or individualized treatment, and is

potentially more dangerous (particularly if he or she

has a prior history of violence, suffers from psychotic

disorders, and fails to take prescribed medications). 

What these individuals may suffer from ranges from
anxiety and depression to more chronic disorders

such as bipolar disorder, schizophrenia, or

pedophilia. Many of them are dually diagnosed,

having both mental health and substance abuse

problems. Because of the complexity of these cases,

the federal probation and pretrial services system

has designated some of its officers as mental health

specialists. More often than not, these specialists

have a background in mental health and, in some

cases, are licensed/certified clinical social workers,

psychologists, or professional counselors. The

mental health specialists are skilled in identifying

individuals with mental health challenges, brokering

community treatment services, and working with

treatment providers. 

What role do officers play in supervising defendants

and offenders with mental health difficulties? 

The Guide to Judiciary Policies and Procedures

clearly sets forth officers’ duties to conduct

prerelease or presentence investigations for the court

and to supervise defendants and offenders in the

community. Officers play a crucial role in assessing

dangerousness and the risk defendants and

offenders may pose to themselves and others. 

Fulfilling such responsibilities requires officers to

maintain knowledge of the persons under their

supervision, make correctional treatment available to

them, enforce the conditions of release imposed by

the court or Parole Commission, and report violations

of these conditions according to established

standards and procedures. 

Who provides mental health treatment to defendants

and offenders?

Licensed/certified psychiatrists, psychologists, or

masters-level counselors, clinicians, and other

professionals in the community provide treatment

under an agreement with the United States courts. 

The Director of the Administrative Office of the U.S.

Courts, under 18 U.S.C. § 3672, has the authority to

“contract with any appropriate public or private agency

or person for the detection of and care in the

community of . . . a person suffering from a

psychiatric disorder . . . .” Blanket purchase

agreements or purchase orders are awarded through

a competitive process. The officer serves as

coordinator of treatment services, matching the

defendant or offender with appropriate treatment

providers, monitoring the person’s progress in and

compliance with treatment, controlling procurement

funds, and overseeing the various treatment

providers. 

What services do mental health contractors provide?

No single treatment approach will help every person

who requires mental health treatment. To be able to 

address defendants’ and offenders’ individual

needs, officers must solicit for various services,

including:

C Psychological/psychiatric evaluation and

testing

• Individual, group, and family counseling

• Sex offense-specific individual or group

therapy for sex offenders

• Sex offense-specific evaluations for sex

offenders 

C Polygraph and other physiological testing for

sex offenders

C Substance abuse counseling

• Medication

C Transportation to and from treatment facilities

C Emergency financial assistance for food or

clothing

C Clinical consultation between officers and

mental health professionals to discuss

supervision issues 

What are the benefits of mental health treatment?

Mental health treatment helps defendants and

offenders in many ways. It helps them address

issues that may have led to their problems with the

law. More importantly, it puts in motion correctional

strategies aimed at stabilizing defendants and

offenders so that they do not present a danger to

themselves or others. Thus, treatment serves to

maximize public safety and the individual’s potential

for living and functioning effectively in the

community.

What if treatment is not successful?

Often, officers try various treatment approaches. 

They use a graduated sanctions approach to give

individuals an opportunity to comply with the

conditions of release the court has imposed. These

efforts are not always successful, however,

particularly if the individual is severely mentally ill,

fails to take medications, and poses a potential

threat to the public. In these cases, officers may

initiate court proceedings to determine the most

suitable plan for the individual.

Office of Probation and Pretrial Services 

Administrative Office of the U.S. Courts

 January 2003