The History of the Therapeutic Justice

        Therapeutic Jurisprudence is a concept founded by David Wexler, a law professor from the University of Arizona (Therapeutic Jurisprudence, 2009).  The concept described an integration of criminal justice law and mental health law allowing for the rendering of humanistic sentencing strategies that would allow treatment in lieu of incarceration.  The increase of incarceration of individuals diagnosed with mental health conditions, addiction and co-occurring disorders which is a dual disorder of mental health and addiction has spurred the need for innovative criminal justice strategies.  
          Texas has utilized therapeutic justice principles in an attempt to reduce jail populations, crime, and rising costs related to detention, apprehension, and adjudication.  
          Texas has one of the largest prison systems in the nation (Madden, 2010).  Due to a 300% rise in prison populations from 1985 to 2005, the Texas Legislature authorized a cost benefit analysis study on its corrections system to determine factors contributing to the prison population explosion resulting in rising taxpayer costs in support of Texas’ correctional system (Madden, 2010).    By 2007 findings from a cost benefit analysis research study done in collaboration with the Pew Center, Bureau Justice Assistance and the Council of State Governments, resulted in a recommendation to Texas for a justice reinvestment strategy of $241 million dollars annually which would reduce jail populations, recidivism rates for reoffending, and revocations due to return to drug abuses (The Council of State Governments, 2008).  The Texas justice reinvestment strategies would increase treatment capacity for substance abuse, mental health treatment and diversion programs (The Council of State Governments, 2008).  Prior to justice reinvestment, Texas’ corrections estimated annual cost was projected at $443 million dollars which would have a cost savings of $202 million dollars (The Council of State Governments, 2008).   
          Therapeutic Justice merges the law, and social-behavioral specialist in treating offender populations with identified diseases of addiction, mental illness and co-occurring disorders.   The model is rendering cost savings and benefits economically and socially.  The Bureau of Justice Statistics (2009) reports that for every $1 dollar spent for treating offenders, there is a $4 dollar cost savings derived from avoiding incarceration, health care, and victim costs (Bureau of Justice Statistics, 2009).