The overall planning and implementation process followed by the Coordinator will incorporate the ten elements of mental health court design and implementation formulated by the Council of State Governments. These ten elements include:
Goals- Reduce recidivism of the mentally ill in the criminal justice system. Increase public safety, increase treatment engagement, improves quality of life and more effective use of resources. A measuring tool will be created to monitor progress.
Target Population- The court will identify which defendants charged will be referred to mental health courts. Criteria of eligibility related to defendants will be identified. The court in collaboration with mental health providers, consumers and advocates will establish diagnostic criteria for defendants to participate.
Confidentiality- The prospective participants will be asked to consent to the release of information. A procedure will be created to handle release of clinical information in open court. Federal regulations will be integrated into the program design. Entrance into this program is voluntary. However, once a person agrees to enter the program, the court order requires strict participation. No potential participant will be forced or coerced in any way to be a participant in this program; participating must be the sole decision of the client. Participants will be informed of all aspects of the project, including their rights and responsibilities related to the participation. Each participant will be given this information in writing, it will be fully explained, signed by the participants, and a copy given to them and one retained for the project file. At the time the participant is making the decision to participate, they will have an attorney to advise them. Informed consent voluntary participation agreements will be required for participation in this project.
Terms of Participation- The program will identify the terms of participation, including what kind of plea is established, what kind of plea arrangement will be established; how the cases will be disposed of, when participants successfully complete the program, how often participants report to court for status hearings, and length of program.
Informed and Voluntary Choice- The program will specify how the court ensures prompt assessment of legal competency, ensure the defendants are fully informed about the program prior to admission, and encourage participant input into treatment plans and other conditions.
Participant Identification- The program will specify which agencies or individuals the court will accept referrals from, establish procedures to avoid inappropriate referrals, and specify procedures for screening of referrals and final determination of eligibility.
Integration of Treatment and Community Supports- The program will identify how the court and the community will determine what kinds of mental health treatment services are available in the community and response to gaps in treatment services. The court will address the treatment needs of participants with co-occurring psychiatric and substance abuse disorders. The court will ensure that treatment for court participants does not reduce treatment availability for non-court participants. The court will make use of peer support services and account for the specific treatment needs of women and minorities and look at how to transition participants from court supervision to unsupervised treatment.
The Court Team- The program will identify the composition of the court team, what team members will be selected, identify both initial and ongoing training, and specify the amount of staff time required for operation of the mental health court program.
Monitoring Adherence to Court Conditions- The program will identify who will monitor or supervise participants in the community and identify qualification of staff responsible. The program will address the management of information about participants’ adherence to court conditions, how staff meetings are completed and possible rewards and incentives that will be provided to encourage compliance. The program will also address how the court determines when to adjust treatment plans and when to apply sanctions in response to non-adherence.
