CCC#9: Mental Health Diversion Court

Mental Health Diversion Court

{Tarrant County Seal}

MENTAL HEALTH COURT DIVERSION PROGRAM

Honorable Brent A. Carr

Presiding Judge

OVERVIEW

The Mental Health Court Diversion Program is a pre-trial post-booking diversion program for mentally impaired offenders. The program offers eligible offenders a treatment option that is judicially supervised. It is designed to divert mentally impaired offenders out of the traditional criminal justice process and into appropriate rehabilitative alternatives. Once the offender has been screened and approved for participation in the program, he/she will promptly begin a treatment regimen that is specific to his/hers needs.

MISSION

The mission of the Mental Health Court Diversion Program is to identify mentally impaired offenders, to expedite them through the criminal justice system and to help them achieve mental stability and non-criminal behavior.

GOALS

To Divert mentally impaired offenders from the criminal justice system. Assist mentally impaired offenders achieve stability and reduce recidivism. Reduce cost by using existing government agencies and treatment providers.

CRITERIA FOR PARTICIPATION

Mental Health Criteria – Significant mental impairment documented by a mental health professional.

Criminal History – current offense must be a direct result of the mental impairment. Misdemeanors and low-level non-violent felony offenses are considered. Violent offenses against persons especially if a weapon is involved are NOT accepted. Exception: Family violence cases are considered on a case-by-case basis.

District Attorney Approval – ALL cases are reviewed by the District Attorney’s office for final approval.

Conditions – participants must agree to comply with the conditions of the program.

Conditions of the Mental Health Diversion Program:

1. Must admit to the commission of the offense, and agree that this admission may be used against the defendant in court as provided by law.

2. Must not commit a criminal offense for the duration of the program.

3. Must not consume alcohol or non-prescribed controlled substances.

4. Must submit to random chemical testing.

5. Must cooperate with mental health treatment and/or counseling as recommended.

6. Must take all psychiatric medications as prescribed.

7. Must keep all appointments and attend all compliance hearings as scheduled.

8. Must agree to report to CSCD twice monthly or as otherwise directed by the court.

9. Must keep the program coordinator and supervision officer informed of any changes in address, telephone number, and employer.

10.Must consent to the release of health and mental health information as permitted under Texas law.

11.Must have no contact with any person of disreputable or harmful character.

12.Must waive his/her rights to a speedy indictment, if charged with a felony offense, and to a speedy trial as provided for under the Code of Criminal Procedure of Texas, and the Texas and United States Constitution.

13.Must acknowledge that failure to comply with any term of this agreement will cause the State to withdraw from this agreement and proceed with prosecution of this offense.

14.Must acknowledge that the successful completion of the diversion agreement shall cause the State of Texas to dismiss the charges in this matter.

ACCESS TO THE PROGRAM

Referrals – Accepted from a variety of sources including law enforcement, jail staff, judges, defense attorneys, prosecutors, mental health professionals, family or friends.

ELEMENTS OF THE PROGRAM

Initial Screening – the program manager reviews all referrals to insure the minimum criteria are met.

Assessment – prior criminal record, offense reports, and medical documents are reviewed to establish eligibility for program admission.

Interview – a face-to-face interview is scheduled before the file is sent to the District Attorney for review.

Delivery of Program Services – Each participant is required to follow a treatment plan as specified by the treatment provider and the case manager.

Supervision Monitoring – A Supervision Officer with the Community Supervision and Corrections Department (CSCD) will monitor each participant placed in the program. The officer will work closely with the program manager and service providers.

Compliance Hearing – All participants are required to attend monthly compliance hearings. During the hearing, the court serves to hear and monitor progress and/or non-compliance issues. Both incentives and sanctions are used as methods of motivation.

Disposition of Court Case – The diversion period is nine to twelve months in duration but could continue up to two years. The period directly relates to a participant’s need and/or compliance. Upon successful completion of the program, the case(s) are remanded to the court of origin for dismissal of all charges. In the event, the agreement is terminated; the case(s) are also remanded to the court of origin where a new proceeding can move
forward.

For questions or additional information, please call the Mental Health Diversion Court office at: 817-884-1774 or email to: Bart Miller or Rachel Calderon

Content Last Modified on 6/8/2009 12:45:57 PM

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