Achieving success, at both the individual and court levels, can be challenging if a person has a brain injury, especially if the brain injury is not identified. Brain injury can make it challenging for justice-involved individuals to navigate the justice system successfully. The sequelae of brain injury can add to these individuals’ challenges, especially regarding executive dysfunction. Individuals who experience executive dysfunction may struggle with problem-solving, disinhibition, emotional regulation, organization, and impulse control. Additionally, those with brain injury who are engaged in the justice system have a much higher rate of co-occurring conditions that further complicate their ability to be successful. These include behavioral health conditions such as mental illness and substance use, which the treatment courts are designed to address. Finally, a particular challenge is that justice-involved individuals often may not even be aware that a history of brain injury adds to their challenges.

This toolkit provides a comprehensive overview of acquired brain injury and offers critical guidance on how treatment courts can respond.

Author: Judy Dettmer, Director of Strategic Partnerships, National Association of State Head Injury Administrators (NASHIA)

Date: 2023