Rule 2 Eligibility and Entrance Protocol

Participation in the MHC is voluntary and a privilege. There are both legal and clinical eligibility criteria, as well as a suitability assessment by the judge. The entrance protocol consists of the following steps.

(a) Referral. Entry in MHC begins with the referral.

(1) The applicant or the defense attorney requests in writing to the Office of Attorney General for MHC legal eligibility evaluation.

(2) The request must be made prior to the final disposition of the pending criminal case.

(3) At the earliest available status hearing in the regular case docket, the parties shall notify the court that the case is being evaluated for treatment court. NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(4) The court shall stay the case proceedings pending legal and clinical evaluation.

(b) Legal Eligibility. The second step is the Office of the Attorney General’s legal eligibility determination.

(1) The Office of the Attorney General evaluates the applicant on the following criteria:

(i) At least 18 years of age;

(ii) A United States citizen or legal resident;

(iii) Legally competent;

(iv) Has a pending criminal charge;

(v) If there are any restitution fees, the amount is less than $5,000;

(vi) Must not have been convicted of a dangerous offense within the past 10 years; and

(vii) Must not have a sentence imposed which renders the applicant ineligible for probation, whether as a result of a plea or a finding of guilt.

(2) The Office of the Attorney General determines whether the applicant is eligible or not and submits the determination to the Manager.

(c) Screening. The screening is the third step in applying to MHC.

(1) The Manager receives the eligibility determination and assigns a Caseworker.

(2) The Caseworker administers applicable screening tools and forwards the results to the Team and the defense attorney. If the applicant is a veteran, the applicant’s United States Department of Veterans Affairs benefits eligibility and assessment will also be examined by the Caseworker.

(3) The applicant signs releases for disclosure of information to the Team.

(4) If the applicant meets the initial eligibility criteria, the Caseworker schedules a clinical assessment with a Treatment Provider.

NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(d) Clinical Eligibility. The clinical eligibility is the fourth step in applying to MHC.

(1) Treatment Provider conducts a bio-psychosocial assessment and reviews the Team’s screening and assessment results.

(2) If the Treatment Provider agrees that the applicant is clinically eligible, the Treatment Provider will then provide a written assessment to the Team indicating the mental health disorder, any co-occurring substance use disorder, and treatment recommendations. The applicant must meet the following clinical eligibility criteria:

(i) have a serious mental health diagnosis or exhibit symptoms of an undiagnosed serious mental illness or intellectual and developmental disability. Applicants with co-occurring disorders are also accepted so long as the mental health diagnosis is primary;

(ii) agree to treatment, take any and all prescribed medication in the manner prescribed, and follow all Team treatment recommendations; and

(iii) voluntarily agree to participate in the program.

(3) The Treatment Provider prepares a writing report of its findings and submits it to the Caseworker.

(e) Suitability. Suitability is the final step in applying to MHC. Suitability is a comprehensive assessment and measures, among other considerations, the likelihood that an offender is ready to participate in and complete the program. Suitability is determined based upon an applicant’s risk level of mental health illness or symptoms and treatment needs.

(1) After receiving the Treatment Provider’s report, the Caseworker presents a summary of findings to the Team.

(2) The Team convenes to determine whether the applicant meets the legal and clinical criteria and makes its recommendation to the Judge.

(3) The Judge determines whether the applicant is suitable. The Judge considers the Team’s input and makes the final decision on whether to accept or deny the application. NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(4) An applicant may be determined unsuitable who poses a danger to self or other participants’ physical or emotional well-being and recovery efforts.

(5) The Judge may suspend or cancel an applicant’s legal or clinical assessments at any time. Acceptance is subject to limited space availability and resources.

(f) Admission. The Judge determines admission into MHC.

(1) Upon approval for admission in MHC, the parties in the case shall notify the judge in the regular criminal docket (not the MHC judge) of the approval.

(2) The Presiding Judge shall reassign the participant’s case to the MHC Judge.

(3) The applicant is admitted under a post-adjudicatory model after signing a Contract Form to participate in MHC.

(4) The participant appears in a change of plea hearing and enters a guilty plea. and consents in writing to participate in open court.

(5) If the participant does not successfully complete the program, the Judge accepts the plea held in abeyance and sentences the participant.

(g) Non-admission. If the applicant is denied entry or decided not to pursue MHC at any time during the screening and assessment process, the case remains in the regular criminal docket.