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Mental Health Court Questions and Answers I. PURPOSE OF MENTAL HEALTH COURT The mental health court was enacted to isolate a focus upon individuals arrested for misdemeanor offenses who are mentally ill or mentally retarded, and in the need of appropriate treatment in an environment conducive to wellness, not punishment. II. WHAT OFFENSES QUALIFY? All misdemeanors except 1. Domestic Violence 2. DUI 3. Battery- must have victim consent to transfer, but transfer first & Mental Health Court will work on consent. III. WHAT DEFENDANTS QUALIFY? Any client suffering from mental health issues may qualify. It is not necessary that the client be incompetent. Whenever possible, refrain from using offensive terminology labeling them mentally ill. If you feel that a client may need the services of the mental health court, ask them a series of questions, e.g.: 1. Have they ever been hospitalized? 2. Taken/taking medication? 3. Been to the Henderson Clinic or any other psychiatric facility? 4. Attended special school? OR 4. Do they receive SSI benefits. NOT ALL CLIENTS REFERRED TO MENTAL HEALTH QUALIFY AND MAY RETURN TO THE REFERRING JUDGE’S DIVISION. IV. HOW TO TRANSFER A CASE INTO MENTAL HEALTH COURT a. ARRAIGNMENT 1. IN CUSTODY/EMERGENCY If the client is in-custody, or the client is in distress and in need of immediate care cases can sometimes be transferred to the Mental Health Court division for that day. Mental Health Court meets on Monday-Wednesday & Friday at 11:30, and on Thursday at 1:30. 2. INFORM THE APD IN THE Mental Health Court DIVISION The judge will make the determination regarding whether the client qualifies for the Mental Health Court division. Oftentimes when the client gets to the new courtroom, where they are unfamiliar with any of the parties, they tend to deny their mental health problems. If the APD is informed of the reason the client was sent to the Mental Health Court division they will be better able to try to persuade the Judge to admit the client. |