In the early years of our marriage, my husband interned for a judge at the Mental Health Community Court (MHCC) in Washington, DC. The MHCC is a diversion program- an alternative to being charged with a crime and forced to go to prison. Below is a description of what it is, and why it is a helpful alternative.
Purpose: The DC Superior Court Mental Health Community Court (MHCC) is a voluntary treatment court for people who have been diagnosed with serious and persistent mental illness, who are charged with certain misdemeanor or low-level felony offenses, and who otherwise qualify for the MCHH program.
What Is It: What is Mental Health Community Court (MHCC)? The MHCC is a specialized court that focuses on criminal defendants diagnosed with a serious and persistent mental illness, or with mental illness and co-occurring substance abuse disorders. The MHCC was established in 2007 by Administrative Order No. 07- 23
Who Is Eligible: You are eligible to have your case(s) transferred to the MHCC if you have the following charges:
a. US Misdemeanor offenses, for example, simple drug possession, low level drug distribution, possession of drug paraphernalia, threats to do bodily harm, sexual solicitation/prostitution, unlawful entry, simple assault, assaulting a police officer, illegal dumping, destruction of property under $200, and theft in the 2nd Degree.
b. Certain non-violent Felony offenses, for example, drug distribution, possession with intent to distribute, escape, bail reform act violation, receiving stolen property, unauthorized use of a vehicle, threats to do bodily harm, destruction of property, and first degree theft.
The Benefits: There are three types of “diversion” agreement that you may be offered:
(1) a Deferred Prosecution Agreement (DPA),
(2) a Deferred Sentencing Agreement (DSA) and
(3) an Amended Sentencing Agreement (ASA).
Conditions of the agreement may include staying connected to and fully participating in mental health and drug treatment, avoiding rearrest, being drug free, and reporting to your PSA worker.
If you enter into a DPA, you will not have to enter a guilty plea in order to participate, and if you successfully complete the program your case(s) will be dismissed.
If you enter into a DSA, you will have to enter a guilty plea to your charge(s) and then, if you satisfy all conditions of the agreement, your plea will be vacated and your case will be dismissed.
If you enter an ASA, you must plead guilty to your felony charge and if you satisfy all conditions of the agreement, your felony charge will be reduced to a lesser charge and you will be sentenced for the lesser charge.
It seems simple. Complete the program, show up for mental health services, and remain drug-free- at which point charges are dropped completely or a felony becomes a lesser charge. Who wouldn’t want to take advantage of the program? However, my husband often saw that it was difficult for people to fulfill these requirements. One of the issues was that people who used substances often used them with friends or family. Back in their home environment, sometimes after a stint in jail, people would fall prey to using substances once more. This concept was addressed directly in the podcast ‘Ear Hustle,’ in the episode “Kissing the Concrete,” where one of the speakers heartbreakingly talked about his fear of falling back into using and selling drugs upon release from prison. Here’s an excerpt:
New York: [07:45] The longest Ronnie has ever stayed out of prison has been two years.
Nigel: [07:50] How old were you the first time you came to prison?
Ronnie: [07:52] 22?
Nigel: [07:55] And how old are you now?
Ronnie: [07:56] I’m 50.
Nigel: [07:58] So, I’m gonna just ask you a blatant question. Why do you keep coming back to prison?
Ronnie: [08:02] Drugs. Every time I get out of prison, I go right back to selling drugs and using drugs.
Nigel: [08:09] And what’s your drug of choice?
Ronnie: [08:11] Methamphetamine.
Nigel: [08:13] So where are you with your addiction right now?
Ronnie: [08:16] [Voice quivering] I don’t know.
Nigel: [08:19] Yeah.
Ronnie: [08:21] I wanna say it’s behind me, but it’s not. I mean, it’s right in my face.
New York: [08:26] How long have you been clean?
Ronnie: [08:29] Oh, honestly? A couple months.
Nigel: [08:34] So clearly Ronnie was using inside.
New York: [08:38] The meth really had a hold on him.
Ronnie: [08:40] And I hate it. I hate, I hate crystal. I hate the people that comes along with the crystal. They’re untrustworthy. [Small laugh] And it’s crazy, ‘cause those are the people I’ve surrounded myself with all my life. But I can’t stand ‘em. [Sigh] And I used to always think, ‘Man, I’m not a bad person.’ But in reality, I wouldn’t want me running around my neighborhood. I’ve gotten out of prison and told people in my town, out of respect, ‘Please don’t sell none of that shit to my kid.’ And then tell me, ‘Oh yeah, don’t worry, I won’t.’ And then I find out they still are. But I was doing the same thing. But I never stopped and thought of that until I got out of prison and saw my own son using, and him on dialysis, so drugs were killing him. And then I said I would never sell drugs again. And then I got out last time and was living in my daughter’s home and not working and feeling about that big, because my daughter’s supporting. And instead of going out and getting a job, I started selling drugs again, and thought everything was good. But I just compounded things and made ‘em a hundred times worse.
And later in that same episode, Earlonne asks, “I mean, if you’re not in a treatment program, how are you gonna stay off drugs without any family support?”
A moral judicial system wants to offer people pathways to success. It’s wonderful MHCC exists. It tends to work even better when people experience support from family or friends in completing the program. This is a very clear example of the company we keep affecting our actions and behaviors.
In this week’s parsha, Behar, we learn about the Eved Ivri, Hebrew slave. There are two ways one can become a Hebrew slave. One way is when a man who is a thief and does not have the resources to pay back the value of the item he stole (and no longer possesses the item itself) is sold by Beit Din [Jewish court] as a slave. This is discussed in Hilchot Avadim 1:1 by Maimonides.
The term "Hebrew servant" used by the Torah refers to a Jew whom the court sells by compulsion, or a person who sells himself willingly.
What is implied? When a person steals and does not have the resources to repay the principal, the court sells him, as we have explained in Hilchot Geneivah.
No other Jewish person is sold by the court, except a thief. Concerning such a thief sold by the court Exodus 21:2 states: "When you acquire a Hebrew servant." And concerning this person, Deuteronomy 15:12 states: "When your Jewish brother will be sold to you."
Through being sold into slavery for up to six years, Beit Din uses the money from the sale to pay back the thief’s victim.
But why this method? Was there no other way in which the thief could make restitution, or be given a job and have his wages garnished?
The genius of this week’s parsha lies in the creation of the very first rehabilitation program. And this program takes place through a foster system.
Why does someone steal? Sometimes it is because they are truly disadvantaged and cannot find food in any other way. But other times it is because someone does not fully understand or believe that others have property rights, or are as important as he is. It is possible these false beliefs are predicated upon the company the thief keeps (perhaps other people who do not care about others) or the home environment in which he was raised.
The Torah thus seeks to rectify this through a form of diversion program. The thief is not thrown into jail. Instead, he is given an opportunity to work off his debt- and to learn something important in the process.
In the words of Rabbi Yehonoson Dovid Hool
The Talmud (Kiddushin 22a) teaches us that an eved ivri, a Jewish slave, must be treated as an equal to his master, “For it is good for him with you,” (Devorim 15:16) – “With you” implies that he must have the same status as his master. He eats the same quality food as his master, he must be given to drink the same fine wines that his master drinks, and he must be given sleeping accommodations in line with the level of luxury that his master enjoys. If the master wears a rabbinical coat, a Hamburg hat, and sits by the eastern wall in the synagogue, the slave receives the same treatment!
What if there’s not enough for both of them? What if, for example, there is only one pillow available? The master can’t use it because then he would be better off than the slave, which is forbidden. He will have no choice then, but to give the solitary pillow to the slave, and he himself must do without one.
What kind of work is the slave expected to perform? Rashi (Vayikra 25:43), quoting Chazal, states that one may only ask him to do things that are really necessary. One may not instruct a Jewish slave to warm up a hot drink, for example, if the master doesn’t actually want the drink. So if the master wants to ensure that he doesn’t transgress this prohibition, he will have to think very carefully if he really needs it before instructing the slave to do something.
All this serves to make life quite difficult for the master, so much so that the Talmud says that whoever buys for himself an eved ivri is actually buying a master over himself! Who would do such a thing? What type of person would undertake the responsibility of taking into his home a convicted thief and then treating him royally? And why on earth does this thief deserve this treatment? True, he will have to work to repay the theft, but why put him on an equal footing with his master, and on occasion, as we have noted, sometimes even above his master? The answer to this question reveals a fundamental insight into the Torah’s justice system.
True, a thief must repay the theft, and if there is no other way he must be sold into servitude until the debt is repaid, but this consequence is more than just a punishment and a means of rectifying the wrong that has been done. The Torah enters the felon into a rehabilitation process. Prison protects society from convicts, but when they are released, are they ready to re-enter society or have they learned a few more tricks while in jail that will endanger society even more? The Torah doesn’t want the thief to degenerate further; it wants him to be rehabilitated so that when he has paid his dues it will be safe to release him back into society.
How does one teach a thief how to respect other people’s property, to hold back from taking that which is not rightfully his even when he feels his need is greater? As always, the most effective way to teach is by personal example. This thief will only be bought by someone who is willing to give away his own money at the risk of taking him into his own home. He will then provide the felon with everything that he himself has, ensuring that he receives no less than his master. Certainly, the thief will learn that he must work hard to rectify the wrongs that he has wreaked upon others, but at the same time he will see, day in and day out, the selfless example of a master who ensures that the thief is respected and provided for as much as the master himself. When there is only one pillow in the house, and his master gives it to him, going to sleep himself without a pillow, it will surely cause the slave to pause and reflect upon the altruism that this man who has taken him into his home is demonstrating.
When he finally gets released after six years, having repaid his debt to those from whom he stole, he will hopefully have internalized this message, to the extent that he will have been rehabilitated; he will no longer pose a danger to society, and who knows, he might even go on to prove to be a model of selflessness and dedication to others!
The Torah opens its laws of money and finance with the laws of eved ivri to teach us that the foundation on which all these halachos rests, an appreciation for the property rights of others, is most effectively taught and learned by example. And thus, it is worth bearing in mind that adherence to the halachos of Choshen Mishpat is not just vital for one’s own morals, but is also crucial in order to spread this sensitivity to others.
The fact that the Torah understood the need that this individual would have to experience the trust of another person in him, the impact of a living role model, and how fostering this individual would help him to make better choices and rehabilitate him is truly profound. Our ancient Torah text demonstrates radical concern for others- even a thief- in a time period where this kind of understanding would not have been the norm. (I always think of the animated film ‘Aladdin,’ where Jasmine’s about to get her wrist chopped off for stealing an apple.)
It’s when learning things like this that I always think of the lines in Deuteronomy 33:29
אַשְׁרֶ֨יךָ*(בספרי תימן אַשְׁרֶ֨יךָ באל״ף גדולה) יִשְׂרָאֵ֜ל מִ֣י כָמ֗וֹךָ עַ֚ם נוֹשַׁ֣ע בַּיהֹוָ֔ה מָגֵ֣ן עֶזְרֶ֔ךָ
O happy Israel! Who is like you,
A people delivered by יהוה,
Your protecting Shield, your Sword triumphant!
Check out this documentary on court diversion programs.
https://doifilm.com/