Not Everyone Supports TX Special Courts for Law Enforcement

A new law in Texas will allow counties to create pretrial diversion programs for first responders who commit crimes because of job-related mental health issues.

The law, inspired by similar courts available to veterans, was pushed by one of Texas’ largest police unions, and it sailed through a Legislature eager to help law enforcement in the year following a Dallas shooting that left five police officers dead. But at least a few county judges and experts say the courts seem unnecessary or concerning, and many large counties don’t appear interested in setting them up anytime soon, reports the Texas Tribune .

Starting in September, counties will be able to establish a specialty court for law enforcement officers, firefighters, prison guards, county jailers, and paramedics charged with any misdemeanor or felony. The law focuses on those who suffer from a brain injury, mental illness, or a mental disorder — such as post-traumatic stress disorder — that they got from their job. Eligible defendants could bypass criminal prosecution and instead go into a treatment-based program specific for each case.

Counties can choose to limit what types of crimes are eligible, and both the prosecution and judge in each case must sign off for a defendant to be eligible. Participants in the program who are able to pay can be charged up to $1,000 plus the costs of any testing, counseling, or treatment.