Mental Health Court, (MHC) is a treatment court designed for moderate-to-high risk, high need defendants who have a mental illness, that is a substantial factor in their criminality. Mental Health Court adopts and implements the Ten Key Components of Oregon Specialty Court Standards and the All Rise Adult Treatment Court Best Practice Standards (2nd Edition). Potential MHC participants are assessed for mental health and Substance Abuse Disorders, (SUD) as well as overall risk of recidivism. Each participant’s treatment program may include individual and/or group counseling, medication management, drug and alcohol testing, and other related services. Referrals for vocational training, education and/or job placement, housing, transportation, and other related services may also be provided. The minimum length of the program is 12 months.
Mission Statement
The 7th Judicial District Mental Health Court, (Hereafter known as Mental Health Court, (MHC)) aims to promote public safety by providing a treatment-oriented collaborative response to criminal behavior that is designed to return participants to a productive and law-abiding life.
Mental Health Court Goals
1. Increase public safety by reducing participant contact with the criminal justice system.
2. Assist participants in learning to manage their mental illness and access appropriate community resources.
3. Assist participants in eliminating or substantially reducing their use of intoxicants.
4. Improve the quality of life of participants by assisting them in becoming stable and pro-social members of the community.
Mental Health Court Objectives
1. Ensure that all participants receive evidenced-based and data-driven services, based on nationally recognized Best Practice Standards.
2. Provide ancillary services that reduce recidivism and achieve long-term recovery.
3. Provide participants with sufficient supervision necessary for the participant to comply with all program requirements.
4. Track performance through an automated data system and measure performance by specifically identified desired outcomes.
5. Ensure that the program operates in a manner consistent with principles of justice, protects public safety and preserves the constitutional rights of all participants.
6. Identify and assess participants for risk and need.
Eligibility Requirements
Eligible participants are identified early and promptly placed in the MHC program. Program eligibility criteria for potential participants is defined by the MHC team, documented, and communicated to potential referral sources.
MH: Clinical eligibility criteria is well defined, and we consider the availability of community-based treatment.
MHC may be designed to admit eligible applicants’ pre-plea, post-plea, or may operate with a combination of pre- and post-plea defendants. As soon as applicants are being considered for MHC, they are promptly advised about the program by our program assistant or program manager. This advice includes a description of program requirements, scope and potential benefits, effects on their case, and consequences of noncompliance with their program case plan.
MH: The specific terms that apply to each defendant shall be provided to the defendant in writing. Before opting into MHC, defendants shall be given the opportunity to review these terms with the advice of counsel.
If appropriate services are available, MHC will consider accepting individuals with serious disorders, co-occurring disorders, and medical conditions. The court may gather information from trained medical professionals and consider accepting individuals who have valid prescriptions for psychotropic or addictive medication, such as narcotics for pain. Our MHC team maintains an appropriate caseload/census based on their capacity to effectively serve all defendants in compliance with the standards. MHC accepts applicants who are taking, or intend to take, medication prescribed by a licensed health care practitioner for the treatment of substance abuse or dependency.
To be eligible to participate in MHC, the participant must:
1. Have committed a crime, have been assessed as moderate to high risk of recidivism, and have been assessed as having a current diagnosed qualifying mental disorder as defined by ORS 161.295.
2. There must be a clear connection between the crime and the mental health disorder.
3. Proposed participant must procure a recent or new psychological evaluation that substantiates a diagnosis of qualifying mental disorder. The purpose of the evaluation is to determine eligibility for MHC and to establish a need for services by our treatment provider, Mid-Columbia Center for Living, (MCCFL). The MHC team has discretion to provisionally accept an applicant into MHC pending the required evaluation. When this occurs, the provisional participant shall work with MCCFL to obtain the evaluation as quickly as possible. Failure to obtain the evaluation in a timely manner due to participant missing appointments shall be grounds to terminate the provisional participant from MHC. Once the evaluation is complete, if the provisional participant is determined to not meet MHC eligibility criteria, participant may seek transfer to Treatment Court or may be returned to the regular criminal docket without penalty.
4. Be placed on supervised probation while participating in MHC. All participants entering MHC as a condition of probation must sign a legal document agreeing to participate in the program and acknowledging the program’s terms.
5. Reside in 7th Judicial District unless another location is approved by the MHC Team.
6. Participants must resolve their criminal charges as a prerequisite to entry into MHC.
7. MHC is a voluntary program offered to applicants. Once a person is accepted into our MHC, they have the right to choose to participate in the program (i.e., “opt in”) or not (i.e., “opt out”). The optional grace period is 14 days.
8. Participants may be required to take prescribed medication to address the symptoms of their mental illness.
9. Admission decisions are based on program considerations such as the current population of participants, their needs, group dynamics and available resources.
Individual factors to be considered in reviewing an application for MHC include:
• Criminal history, mental health, or other circumstances that suggest the applicant poses significant risk to other MHC participants or to other persons supporting MHC.
• Pending warrants or unresolved charges in other jurisdictions.
• MHC targets individuals classified as moderate-risk/moderate-need to high-risk/high-need. These individuals are appropriate for the intensive interventions (treatment and supervision) that Mental Health Courts provide. Low-risk, low-need individuals are diverted from the MHC.
Other factors to consider on a case-by-case basis include:
• Attitude and demeanor.
• Severity of drug/alcohol addiction.
• History of violent behavior.
• Conduct while incarcerated.
• Prior history of treatment.
• Motivation to change.
• Ability to comply with requirements.
Barriers to successful completion: Distance from treatment, developmental disabilities, uncooperative/unsupportive spouse, or family members.
Significant obstacles to program completion: Could be a diagnosis of Intellectual Disabilities, Alzheimer’s Disease, Dementia, and/or an Organic Brain Injury, among other possibilities. These significant barriers may render an applicant ineligible.