The Creation of a Mental Health Bureau in the Queens DA’s Office

The need for greater mental health support

The numbers on Rikers speak for themselves:

  • 16% of Rikers inmates suffer from a severe mental illness

  • 6 suicides on Rikers in 2022

  • Incidents of self harm increasing (most of which occur in mental health units)

  • Employees say the system is stressed due to limited capacity and staff shortages

  • Detainees with mental illnesses stay longer in Rikers (in 2022 the average number of days spent in custody for those with a mental illness was nearly double - 208 days)

The current situation

  • The Queens District Attorney’s Office currently has no specific plan to assign ADAs to work on cases with defendants deemed mentally ill

  • Queens Mental Health Court only accepted 23 new cases in 2022

Judge Grasso’s plan to fix it

Establish a Mental Health Bureau (MHB) in the DA’s Office

  • The MHB Bureau Chief will work in coordination with all bureau chiefs in the DA’s office to identify and designate appropriate cases to be transferred to MHB for prosecution and disposition that are consistent with the needs of the defendant and ensuring public safety

  • Spearhead effort to do early identification of defendants who present with serious mental health issues by communicating with other bureaus in the office

  • Use the leverage of the court system to ensure defendants obtain the care they need and off ramp as many from Rikers as possible

  • The MHB Bureau Chief and assigned ADAs will have specialized training specific to mental health and monitor defendants’ progress in mental health programs

Revamping Mental Health Care on Rikers Island

  • Judge Grasso will work aggressively in partnership with the Mayor's Office and the Department of Corrections to transform Rikers into a first class mental health facility

  • Judge Grasso will also advocate for Rikers to be transformed into a Bellevue satellite facility with social workers, therapists, psychiatrists, psychologists, and other clinical staff members on site

  • The cooperation of defendants who are on Rikers and have mental health issues will be central in the decision making process and case outcome, including plea negotiations

Enhancing Queens Mental Health Court

  • The MHB will partner with Queens Supreme, Queens Criminal Court, and other criminal justice stakeholders (including defense attorneys and service providers) to ensure defendants accessed with serious mental health needs are appropriately addressed as a part of court processing

  • When possible and in line with public safety, diversion from Rikers will be initiated. Public safety remains central. But, a humane approach can provide defendants with treatment and support, while increasing public safety in the process

  • Off ramping from Rikers will be earned by defendants and will be contingent on their full cooperation with mental health treatment, avoidance of re-arrest, and regularly making court appearances

  • By increasing partnerships with mental health community service providers, the MHB will work to accelerate psychiatric evaluations and risk assessments, so that more defendants can be diverted to mental health court and receive a treatment plan

  • The MHB will also function in conjunction with mentally ill defendants in Veterans Treatment Court, Drug Treatment Court, and DWI Treatment Court

  • Judge Grasso will ensure that the resources directed to the Mental Health Bureau are commensurate with the number of cases being handled and the needs of the defendants