Sarpy County will soon launch Nebraska’s first mental health court, a problem-solving court program that officials say will stabilize participants and treat their mental health issues, rather than send them to prison.
The Sarpy County Wellness Court will be a voluntary option for those with major mental health diagnoses who are facing nonviolent felony charges. The county on Tuesday unveiled the program that’s expected to begin in early February. At full capacity, the program will be able to serve 25 people at a time.
Sarpy County District Judge Stefanie Martinez, who will preside over the Wellness Court, said she often encounters people in the criminal justice system who have unaddressed mental health needs. But those people don’t always receive the help they need because of limited time and resources.
“We’re criminalizing mental health to a large extent, and there are too many people in our jails that are suffering from mental health issues that aren’t being properly addressed,” Martinez said in an interview.
The Wellness Court will be similar to other problem-solving courts in the state in which participants, under the supervision of a judge and others, must comply with strict rules. Those deemed eligible for the Wellness Court must pass an evaluation and plead guilty to the charges they face. Participants will then meet regularly with Martinez, a prosecutor, defense attorney, treatment providers and law enforcement officers.
The team will connect participants with treatment and community services, ensure they have stable housing, and make sure they remain alcohol- and drug-free.
Sentencing is delayed while someone is in the program. Those who successfully complete it can withdraw their plea, at which time the County Attorney’s Office would dismiss the charge. Participants don’t have to complete the program within a certain amount of time as long as they make progress and cooperate.
“We are proud to serve as the pilot site for Wellness Court,” Chief Deputy Sarpy County Attorney Bonnie Moore said in a press release. “This is about giving people resources and helping them build skills so they can manage their mental health and don’t commit crimes again.”
The Wellness Court was made possible in 2016 when the Nebraska Legislature broadened the state’s definition of problem-solving courts, paving the way for local governments to create courts for people with mental illnesses, veterans, those arrested for drunken driving and others.
Then last August, Gov. Pete Ricketts signed into law Legislative Bill 1008, which, in part, provided more than $600,000 to establish and operate a pilot mental health court in the state. A Nebraska Supreme Court subcommittee established best practices and guidance for the mental health court. The county’s application to operate it was approved in December.
Creston Ashburn, coordinator of the Sarpy County Drug Court who also will oversee the Wellness Court, said he keeps up with former offenders who have maintained years of sobriety after going through the drug program. He envisions similar success stories from the mental health court in which participants maintain good employment and reestablish relationships with their families, all while effectively managing their mental health needs.
“Incarcerating them is not helping the root of the issue,” he said in an interview.
People interested in volunteering as a peer-support specialist with the Wellness Court can contact Ashburn at 402-593-2132.
Problem-solving court advocates say the programs save money and help ease overcrowded prisons. As of 2019, the yearly cost of supervising someone in a problem-solving court was about $2,900 compared with an average cost of $38,600 for prison, according to state probation office figures from the time.
Other problem-solving courts in Nebraska include drug, reentry and young adult courts. In 2019, problem-solving courts in Nebraska served about 1,000 offenders.
County leaders say the Wellness Court builds on Sarpy’s other mental health initiatives. The Sarpy County Attorney’s Office in 2014 created a mental health diversion program. In 2018, the Sarpy County Sheriff’s Office created the Omaha metro area’s first mental health law enforcement unit. Plans for a new county jail, expected to have more space to treat mental illnesses, are underway.
The Wellness Court will start small as officials evaluate what is and isn’t working. Ashburn said only four or five people have been identified for the first round of participants, and in the first year, the program may take on 10 to 15.
Martinez said officials hope the Sarpy County Wellness Court will “set the gold standard” and lead to more mental health courts in the state and nation.
But for that to happen, the Legislature would need to allocate more money, as there’s currently none available for more programs, said Adam Jorgensen, Nebraska’s problem-solving court director.
“We’re the first one in the state of Nebraska,” Ashburn said, “so we hope that it goes well.”
Our best Omaha staff photos of January 2021

An empty seating area is seen through a window at Mr. Toad's Pub in the Old Market.

Snow blankets a neighborhood near Standing Bear Lake in Omaha on Friday, January 29, 2021.

'GBR', for 'Go Big Red', is written with footprints in the snow near Standing Bear Lake in Omaha on Friday, January 29, 2021.

Snow covers cars and Blondo Street east of Northwest Radial Highway on Tuesday, January 26, 2021. The Omaha area recorded almost 12 inches of snow the day before.

Steve Snow (yes, really) uses a tractor to clear his driveway in Bennington on Tuesday. The Omaha area recorded almost a foot of snow the day before, which lefts roads slick in many spots.

Juan Lentz walks north on 42nd Street towards Leavenworth Street during a winter storm warning on Monday, January 25, 2021. Lentz estimated he had gone about four miles on his five mile walk. He normally takes the bus, but the winter weather canceled bus service, so he had to walk home.

Juan Lentz pauses while walking north on 42nd Street towards Leavenworth Street during a winter storm warning on Monday, January 25, 2021. Lentz estimated he had gone about four miles on his five mile walk. He normally takes the bus, but the winter weather canceled bus service, so he had to walk home.

Rob Baum, 68, takes a break from shoveling the sidewalk near his home along Davenport Street in Omaha on Monday, January 25, 2021. At least a half-foot of snow is expected in the Omaha-metro on Monday.

Eliza Rijal, 10, her brother Aryan Rijal, 11, and their neighbor Jordan Rine, 7, run in the snow by their homes near 170th and Fort Streets in Omaha on Monday, January 25, 2021. Forecasters were expecting 10-12 inches of snow in the Omaha-metro area on Monday.

Two people hold hands while walking south on Madison Street toward 27th Avenue in Bellevue during a winter storm warning on Monday, January 25, 2021.

Diesel, a 3-year-old tiger born in Moscow, eats raw ground beef in his enclosure at the Simmons Safari Park in Ashland.

Billy Bluejay reacts to a call against Creighton.

Omaha's McKenna Ruch spikes the ball past the fingertips of Creighton's Jaela Zimmerman in the UNO vs. Creighton volleyball game at the Sokol Arena at Creighton University in Omaha on Friday, January 22, 2021. The Jays won the match in three sets.

Rose Pokorny and her son Ryan Pokorny look through an old plat map book at their business, RK’s Bar and Grill, in Malmo on Friday.

Sydney Sehi’s plant collection has grown to between 75 and 100 since she and husband Sam recently purchased a house in Benson. At top left, a, Monstera deliciosa albo, one of Sehi’s specialty plants. At right, visitors can brew up the perfect mix for their plant at Nodest in downtown Omaha.

Mike West looks over orders at Dirty Birds inside The Switch Beer and Food Hall in Omaha. The pickled fried chicken place is doing brisk business its first month of operation.

Players gather UNO goalie Isaiah Saville before the start of their game at Baxter Arena on Wednesday, December 09, 2021. Saville has "BLM" and a quote from Martin Luther King Jr. on his helmet.

Thomas Wilkins conducts the Omaha Symphony in a performance at the Holland Performing Arts Center in Omaha on Saturday, Jan. 16, 2021.

UNO's Claire Killianm left, tries to keep South Dakota State's Regan Nesheim from passing the ball late in the game at Baxter Arena on Friday, January 15, 2021.

A Nebraska license plate is seen covered in snow during a blizzard in Omaha on Friday, January 15, 2021.

Snow falls in front of a mural near 60th Street and Ames Avenue as a blizzard whips through Omaha on Friday, January 15, 2021.

Jon Jacobs cleans the snow off of his car in downtown Omaha as residents woke up to a blizzard warning on Friday, January 15, 2021. Jacobs works downtown.

About 50 Creighton students were moved into other campus housing after a ricin scare at Davis Square apartments late Thursday.

Jody Weible, a former member of Mead’s Village Planning Board, said she has developed a persistent cough because she lives near the town’s AltEn Ethanol plant. “You can’t open your windows; you can’t hang your clothes on the line,” she said.

Creighton's Shereef Mitchell takes off on a fast break as St. John's Vince Cole, left, and Greg Williams Jr. pursue in the first half on Saturday, January 09, 2021.

Creighton's Alex O'Connell gets hit by a ball as St. John's Rasheem Dunn falls over while trying to grab the loose ball in the first half on Saturday, January 09, 2021.

Creighton's Ryan Kalkbrenner dunks the ball against Seton Hall's Ike Obiagu.

Seniors Aysha Ridley and Quintin Idt work during a math readiness class at Gretna High School. The class is in partnership with Metro Community College.

Deer walk through snow at Zorinsky Lake in Omaha on Thursday, January 07, 2021.

A snowball is thrown at a counterprotester driving by on K Street on the north side of the Nebraska State Capitol on Wednesday. Protesters had gathered to protest the certification of President-elect Joe Biden's victory.

Fog begins to lift as the downtown Omaha skyline starts to appear as viewed from the Lincoln Monument in Council Bluffs, Iowa on Monday, January 04, 2021.

The front room at the Hepburn home. Megan loves using color; she thinks it’s more fun for daughters Harriet and Georgie. She painted the flower picture.

The Holiday Lights Festival’s New Year’s Eve Fireworks Spectacular fireworks show filled the sky over downtown Omaha Thursday.
reece.ristau@owh.com, 402-444-1127, @reecereports