Opinion: Why New York must embrace the Treatment Not Jail Act

Megan Kirk is a licensed clinical social worker and treatment team leader at Nathaniel Assertive Community Treatment, CASES.

By Megan Kirk

I lead the CASES Nathaniel Assertive Community Treatment (NACT) Team, the nation’s first alternative-to-incarceration program for people with felony charges related to serious mental illness (SMI). For over two decades, we have proven that successful recovery and reintegration are highly likely when people receive appropriate, evidence-based community support – in fact, 100 percent of our clients, many of whom are court mandated through the Brooklyn and Manhattan Mental Health Courts,  have no new violent felony convictions in the two years after program completion. 

This is why I support the Treatment Not Jail Act, legislation that promises to extend the healing my team witnesses every day to thousands of justice-involved individuals across New York state who might otherwise be serving a jail or prison sentence.

Many NACT clients join the program while experiencing homelessness and unemployment, and meet us with a significant history of criminal system involvement and trauma. Without the intervention of court-mandated programs like ours, people are often trapped in a vicious cycle of incarceration, and the revolving door of psychiatric hospitalizations. Given racial and socioeconomic disparities, these services, which we provide regardless of ability to pay, are also a matter of health equity: while mental illness and substance use affect every community, most of our clients are Black and Latino men who have not had the same access to treatment as their higher income, white peers.  

Our mobile behavioral health team meets clients wherever they are and we are available to provide crisis intervention 24 hours a day. In addition to psychiatric treatment, we assist clients in establishing the basic building blocks of wellness. We help individuals obtain supportive housing, establish proper sleep and nutrition, and pursue personal  goals around employment and education. This holistic approach has led to a dramatic decrease in homelessness and given our participants the opportunity for stability that has evaded them for so long. These proven results are what the Treatment Not Jail Act seeks to replicate in communities across the state.  

Take the story of one of our clients, who we’ll call Michael. He’s a Black man in his 30s who came to us facing violent felony charges relating to an incident which occurred while he was psychiatrically decompensating and using substances. In his early adulthood, Michael began experiencing symptoms of serious mental illness, including disorganized thinking and hallucinations. During his college years, Michael experimented with drinking and drugs as a coping mechanism. As his substance use intensified, his mental health deteriorated, leading to his homelessness and eventual dropout from college.

When the Manhattan Mental Health Court referred Michael to Nathaniel ACT, our team worked diligently to establish trust, listening to Michael’s concerns about medication side effects and adjusting his regimen until finding an effective protocol.  

During his three years in NACT, Michael reconnected with his family and learned how to maintain his well being and stay in recovery. He successfully graduated from Mental Health Court, and today, Michael enjoys concerts and cultural events, designs his own clothing, and has a sympathetic network of friends. Michael is committed to staying in treatment, and when he feels himself struggling, he now knows how to access appropriate support. 

I am grateful to be a part of NACT, a treatment which transforms lives and makes New York City safer.  We are a part of a growing movement, including victims of violent crimes and their family members, who recognize that violence is a public health issue that demands an effective approach, making smart investments in evidence-based, cost-effective community services, like those provided by CASES.   

As New Yorkers, we must demand better for our communities. Let us realize the power of skilled, compassionate services to transform lives, particularly for individuals who have become justice-involved due to an untreated mental health condition. By supporting the TNJ Act, we can extend NACT’s transformational impact to people across our state. Together, we can create futures where people receive the support they need when they need it in order to lead healthy, fulfilling lives. 

Megan Kirk is a licensed clinical social worker and treatment team leader at Nathaniel Assertive Community Treatment, CASES.