Mental Health Review Team FAQ
FAQ
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- What is the difference between Mental Health Court and Mental Health Diversion?
- What if I am a victim in a case with a defendant who has a mental health issue?
- What is the Mental Health Court?
- Who is eligible for Mental Health Court?
- What is the Mental Health Court Team (MHCT)?
- What is the Jail Diversion Coordinator?
- What is the Recovery Coach?
- How can a defendant be referred to the Mental Health Court?
- What happens after a referral?
- What factors does the Mental Health Court Team consider when deciding whether to accept a defendant referred to the Mental Health Court?
- What happens when a defendant enters the Mental Health Court?
- Who supervises defendants participating in the Mental Health Court?
- What incentives are there for the defendant to successfully participate in the Mental Health Court?
- What happens if a defendant does not comply with the terms of the Mental Health Court?
- What happens if a defendant is terminated from the Mental Health Court?
- What types of offenses are appropriate for Mental Health Diversion?
- How are misdemeanor cases referred for possible Mental Health Diversion?
- What is the Mental Health Review Team?
- Must the Prosecutor offer Mental Health Diversion?
- What factors does the Mental Health Review Team consider?
- What are the requirements of a Mental Health Diversion agreement?
- What if the defendant violates the Mental Health Diversion agreement?
- What if a misdemeanor defendant is not offered Mental Health Diversion, but would still benefit from mental health treatment?
Mental Health Court
Mental Health Diversion
What is the difference between Mental Health Court and Mental Health Diversion?
Mental Health Court accepts only felony cases. However, there may be situations where an individual suffering from mental illness is charged with a minor misdemeanor offense(s) in the nature of a public disturbance. While misdemeanors are not eligible for Mental Health Court, the defendant’s mental health condition may be a primary contributing factor to their criminal behavior. Such individuals may still be considered for a Mental Health Diversion agreement. Under Mental Health Diversion, generally the defendant agrees to comply with a mental health treatment plan and stay out of trouble for one year, in exchange for the prosecutor dismissing the misdemeanor charge.
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What if I am a victim in a case with a defendant who has a mental health issue?
Defendants who have committed crimes of violence are generally not eligible for Mental Health Court or Mental Health Diversion. However, there may be exceptions under certain circumstances – typically where there is a nexus between the criminal act and a diagnosed chronic untreated mental illness and mental health treatment is in the interests of justice. In such cases, the victim has the right to express their concerns to the deputy prosecuting attorney (DPA) handling the case. You should be contacted by the DPA or someone from the Victims Assistance Program of the Prosecutor’s Office before a final decision is made regarding the case. You are always free to contact our office with your concerns.
What is the Mental Health Court?
The Monroe County Mental Health Court is a problem-solving court focused on reducing recidivism and promoting long-term stability through treatment for people with mental health issues involved in the criminal justice system.
Who is eligible for Mental Health Court?
In order to be eligible for the Monroe County Mental Health Court, a defendant must have pending felony charges, or a pending petition to revoke a suspended sentence for a felony case. The Mental Health Court grant also requires that the defendant:
What is the Mental Health Court Team (MHCT)?
The Mental Health Court Team is a multi-disciplinary team whose membership includes the judge presiding over the Mental Health Court, a deputy prosecutor, a deputy public defender, representatives from the probation department, the Recovery Coach, the Jail Diversion Coordinator, and other representatives from Centerstone (local mental health treatment provider).
What is the Jail Diversion Coordinator?
The Jail Diversion Coordinator is a psychologist who performs evaluations at the Monroe County Correctional Center and/or elsewhere in the community. The Jail Diversion Coordinator reports information to the Mental Health Court Team and assists in reviewing the case.
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What is the Recovery Coach?
The Recovery Coach is a member of the Mental Health Review Team from Centerstone (local mental health provider) who may meet with a referred defendant to assess their current engagement in treatment. Once accepted into the program, the Recovery Coach works with program participants to help connect them to needed services in the community. The Recovery Coach is generally knowledgeable about mental health, addictions, and other issues such as access to housing and public benefits including Medicaid and Social Security.
How can a defendant be referred to the Mental Health Court?
If a prosecutor, judge, defense attorney, or treatment provider wish to refer a felony defendant to the Mental Health Court Team for an eligibility assessment, he/she must complete a Mental Health Court Referral Form and submit that form to the Monroe County Probation Department. The Monroe County Prosecutor’s Office reserves the right to disqualify any candidate from consideration. A probation officer will then conduct an initial assessment, either in the community or in the Monroe County Jail. The defendant is required to sign a Release of Information for all current and previous treatment providers. The probation officer will review medical records and interview the defendant. The Jail Diversion Coordinator and/or Recovery Coach may also meet with the referred defendant to gather additional information to assist the Mental Health Court Team in reviewing the defendant’s case.
What happens after a referral?
Once the initial assessment has been completed, and the necessary treatment records are secured, the defendant’s case is considered by the Mental Health Court Team. The team consists of the presiding judge, a deputy prosecutor, a deputy public defender, representatives from the probation department, the Recovery Coach, the Jail Diversion Coordinator, and representatives from Centerstone (local mental health treatment provider). The team considers the eligibility factors and any other circumstances unique to the case. Acceptance into the Mental Health Court is at the discretion of the Monroe County Prosecutor’s Office. The Prosecutor may refuse to allow the defendant’s participation in the Mental Health Court due to considerations such as the threat to the safety of the community, or the danger to a particular victim, among other concerns.
What factors does the Mental Health Court Team consider when deciding whether to accept a defendant referred to the Mental Health Court?
Factors that the team may consider include the following:
What happens when a defendant enters the Mental Health Court?
If the Mental Health Court Team recommends that a defendant be accepted into the Mental Health Court, the defendant must plead guilty to the charged offense(s) under a special problem-solving court agreement. This includes an admission by the defendant to the facts that make him or her guilty of the offense. Mental Health Court participants are typically required to:
Who supervises defendants participating in the Mental Health Court?
Once accepted into the Mental Health Court, defendants are supervised by the Recovery Coach, and a probation officer, both of whom report back to the Mental Health Court Team (MHCT) on his/her progress. The MHCT makes recommendations to the Mental Health Court Judge, who ultimately is responsible for supervising the defendant.
What incentives are there for the defendant to successfully participate in the Mental Health Court?
Defendants who achieve goals set by them and the Recovery Coach receive incentives, such as vouchers for drug screens, certificates of completion, and group recognition. Participants who successfully complete two years of supervision may either have their charges dismissed, or avoid the imposition of a sentence.
What happens if a defendant does not comply with the terms of the Mental Health Court?
Defendants who violate the terms of their treatment agreement receive sanctions, such as road crew, community service, brief periods of incarceration, or termination from the Mental Health Court.
What happens if a defendant is terminated from the Mental Health Court?
Since the defendant entered a plea of guilty upon admission into the Mental Health Court, the court may move immediately to the sentencing phase. The court may order the defendant to serve a sentence in jail, prison, or any other available sentencing option.
What types of offenses are appropriate for Mental Health Diversion?
Generally, the type of cases appropriate for Mental Health Diversion involve a defendant suffering from a diagnosed chronic mental health condition who is charged with a minor misdemeanor offense in the nature of a public disturbance. There must generally be some nexus between the mental health condition and the conduct that resulted in a criminal charge. Such misdemeanor cases are not eligible for the Mental Health Court, which accepts only felony cases.
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How are misdemeanor cases referred for possible Mental Health Diversion?
Appropriate misdemeanor cases may be referred to the Mental Health Review Team (MHRT) coordinated by the Prosecutor’s Office using the MHRT Referral Form. In order for the MHRT to review the referral, the defendant is required to sign a Release of Information for all current and previous treatment providers. Once treatment records are secured, the MHRT is able to evaluate the referral and make a recommendation. Based on this information, the Prosecutor’s Office may exercise discretion to offer Mental Health Diversion to appropriate defendants.
What is the Mental Health Review Team?
The Mental Health Review Team (MHRT) is a multi-disciplinary team whose membership includes a deputy prosecutor, a deputy public defender, representatives from the probation department, the Jail Diversion Coordinator, and representatives from Centerstone (local mental health treatment provider). It is a smaller group than the Mental Health Court Team, but has some of the same members.
Must the Prosecutor offer Mental Health Diversion?
No. Although the Mental Health Review Team may make specific treatment recommendations, Mental Health Diversion is offered at the sole discretion of the Prosecutor’s Office. The Prosecutor may refuse to offer diversion due to considerations such as the threat to the safety of the community, or the danger to a particular victim.
What factors does the Mental Health Review Team consider?
The Mental Health Review Team may consider the following factors:
What are the requirements of a Mental Health Diversion agreement?
Mental Health Diversion typically requires the defendant to successfully comply with the terms of a mental health treatment plan in coordination with a treatment provider for a period of time. To enter the Mental Health Diversion program, the defendant must sign a written agreement to comply with the terms and conditions of the program. If the defendant successfully complies with all the terms of the diversion agreement, the case will be dismissed at the end of the diversion term, which is usually one year.
What if the defendant violates the Mental Health Diversion agreement?
If a defendant violates the terms of the mental health diversion agreement, a notice of non-compliance will be filed with the court. The court may set a hearing at which evidence is presented, and may determine a sanction pursuant to the mental health diversion agreement. Or, the case may be reactivated and the prosecutor may refile the original criminal charge(s).
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What if a misdemeanor defendant is not offered Mental Health Diversion, but would still benefit from mental health treatment?
In misdemeanor cases deemed inappropriate for diversion, the Mental Health Review Team may still recommend mental health treatment that may be incorporated into a potential plea agreement as a term of probation. If the defendant enters into the agreement and it is accepted by the Judge, then the treatment conditions are overseen by probation and enforced by the Judge. Failure to comply with the terms of a mental health treatment plan as a condition of probation can be addressed the by the Judge as a violation of probation.