of Probation and New Law Violations
Violations of probation will be handled by the MHC. New charges will
be arraigned during the MHC calendar. A new offense may disqualify a
client from continued participation in the MHC. The individual will
be reevaluated for both eligibility and suitability to continue. A judgment
will be made regarding return of the matter to the criminal calendar.
A MHC participant may be terminated from the program for refusal to
participate in his/her case management plan, for repeated willful violations
of the program, for committing a serious new crime, because s/he has
achieved the maximum benefit from available services, if s/he has been
on bench warrant status for an extended period, or other reasons as
determined by the Court.
A participant may voluntarily choose to leave the program at any time.
A participant wishing to withdraw should make that request to the Judge
either in person or through defense counsel.
If a MHC participant fails to complete the program or is otherwise unsuccessful,
the judge will make a determination of guilt based upon the stipulation
and order to participate in mental health court and s/he will be sentenced.
The MHC Judge, Prosecuting Attorney, Public Defender or other defense
attorney, MHP/Court Liaison or other appropriate treatment staff, and
MHC Coordinator will attend a staffing meeting prior to each MHC session.
During pre-court staffing new participants will be considered, current
participant progress reports will be reviewed and recommended sanctions
and incentives will be considered.
MHC will be held every other Monday or as calendared. If the scheduled
Monday calendar falls on a court holiday, the calendar will be stricken.
The frequency of court appearances for each individual participant will
be determined on a case-by-case basis. Return dates will be discussed
during staffing, with the judge making the final decision.
Fees, Fines and Restitution
MHC participants will be given every opportunity to address all outstanding
matters before any court while they are under the supervision of the
MHC. The Judge will review all outstanding matters for the purpose of
resolving them prior to participants completing MHC. Community work
programs may be used for individuals with outstanding fees and fines
before the court.
and Conflict Resolution
Consensus through dialogue will be the primary means for achieving
systems cooperation. Direct contact will be maintained with key players
who may be unable to attend any of the various meetings called on behalf
of the program. The
MHC Team will address disagreements regarding treatment plans.