Rule 3 Roles of the Mental Health Court Docket Team Members

(a) Mental Health Court Docket Team. The Team is comprised of the Judge, the Office of Attorney General, Office of the Public Defender or defense attorney, a Representative of the Department of Public Safety and Department of Corrections, a Treatment Provider, the Manager, the Caseworker and the Officer. The Team meets prior to each session and acts as a multidisciplinary case management team with respect for each participant. To the greatest extent possible, the Team operates on the basis of professional consensus, with the Judge having the final decision. Each member shares information regarding participants, attends weekly staff meetings and court status hearings, provides training NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP to others in their discipline, and attends workshops. The Team’s responsibilities include:

(1) Discussing applications to MHC and the status of participants at the weekly Team meetings;

(2) Deciding whether to accept or deny an application within a reasonable time after the biopsychosocial assessment has been completed. An applicant who does not keep the scheduled assessment appointment must reappear at the next court date and determine whether or not to participate in MHC;

(3) Determining whether an applicant meets the eligibility criteria, after which the plea agreement must be completed within one week;

(4) Ensuring all review and signing of plea documents are completed before beginning of MHC; and

(5) Keeping comments and actions focused and brief, due to the limitations of staffing, so as to enable all members to contribute in the discussion.

(b) Mental Health Court Docket Judge. The Judge heads the Team. To encourage full commitment to the success of the program, the Judge must allow the Team to participate fully in the design and implementation of the program. The Judge is responsible for maintaining a non-adversarial atmosphere and is one of the key motivational factors in convincing participants to pursue recovery, building rapport, and holding them accountable. The Judge serves as a program advocate and represents the program in the community, government, criminal justice agencies, and other public fora. The Judge’s responsibilities include:

(1) Attending all team meetings;

(2) Providing guidance to the Team;

(3) Presiding over status hearings and spending enough time with all participants to review their progress;

(4) Receiving recommendations from Team members and making the final determination about incentives, sanctions, therapeutic adjustments, termination, phase advancement, and graduation;

(5) Giving praise and encouragement for compliance with the program, and encouraging commitment to treatment; NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(6) Administering sanctions for noncompliance with program rules;

(7) Holding a participant’s guilty plea in abeyance and advising them of their rights;

(8) Attending conferences and trainings; and

(9) Advocating in the community for the effectiveness of the program.

(c) Office of the Attorney General. The Attorney General determines an applicant’s legal eligibility. The Attorney General or designee participates in staffing in a non-adversarial role and advocates for effective incentives, sanctions, and therapeutic adjustments while ensuring community safety. The Attorney General’s responsibilities include:

(1) Reviewing an applicant’s criminal history and screening reports;

(2) Contacting police and victims involved in the case to discuss the participant’s participation in the program;

(3) Making recommendations for acceptance or denial of an application;

(4) Providing insight on the offense or incident report;

(5) Meeting with defense attorneys to discuss applications;

(6) Attending staffing and court hearings;

(7) Providing input on incentives, sanctions, and therapeutic adjustments;

(8) Making sentence recommendations;

(9) Meeting with the Public Defender or defense attorney to work out sentencing;

(10) Attending conferences and trainings; and

(11) Advocating in the community for the effectiveness of the program.

(d) Office of The Public Defender or Defense Attorney. The Public Defender participates in the making and review of referrals. The Public Defender or designee also participates in all staffing in a non-adversarial role and advocates for effective incentives, sanctions, and therapeutic adjustments while advocating for the legal rights of the participant. In the event that the Public Defender NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP or designee conflicts out, a court-appointed defense attorney will take their place. The Public Defender’s responsibilities include:

(1) Making appropriate referrals to the program;

(2) Providing an applicant with a copy of the Participant Handbook;

(3) Explaining the program in depth to the participant, including requirements, responsibilities, and the legal rights affected by entering the program;

(4) Helping the participant fill out required paperwork and explaining the participant’s rights;

(5) Meeting with the Office of the Attorney General’s representative to work out sentencing;

(6) Attending staffing and court hearings;

(7) Providing input on incentives, sanctions, and therapeutic adjustments;

(8) Encouraging the participant to be honest with the Judge and Treatment Providers;

(9) Explaining sanctions to the participant and requesting a hearing if the participant disagrees with the alleged program violation;

(10) Representing the participant in hearings;

(11) Advocating in the community for the effectiveness of the program; and

(12) Attending conferences and trainings.

(e) Treatment Provider. The Treatment Provider participates in the clinical assessment and makes recommendations for treatment. A Treatment Provider participates in all staffing in a non-adversarial role and advocates for effective incentives, sanctions, and therapeutic adjustments while advocating for the participant’s clinical needs. The Treatment Provider’s responsibilities include:

(1) Conducting biopsychosocial assessment and making treatment recommendations;

(2) Developing a treatment plan with the participant, including goal setting, and providing the plan to the Team;

(3) Incorporating evidence-based practices in counseling role;

(4) Making treatment recommendations to the Team regarding the need for therapeutic adjustments; NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(5) Reviewing goals and treatment plans every 30 days initially, adjusted to 60 days as the Team deems appropriate;

(6) Providing the Caseworker with a timely written or electronic log of the participant’s treatment hours for data collection purposes;

(7) Attending staffing and court hearings;

(8) Providing input on incentives, sanctions, and therapeutic adjustments;

(9) Communicating with the Caseworker as needed to discuss any issues with the participant between court hearings;

(10) Reviewing phase requests and providing clinical input regarding readiness to advance;

(11) Advocating in the community for the effectiveness of the program; and

(12) Attending conferences and trainings.

(f) Mental Health Court Docket Manager. The Manager is responsible for coordinating the operations of the program. This includes the financial management of the program, updating policy and procedures, collaborating with the Team, and maintaining relationships with community partners. The Manager participates in staffing in a non-adversarial role and advocates for effective incentives, sanctions, and therapeutic adjustments while ensuring integrity to the program model. The Manager’s responsibilities include:

(1) Coordinating the Team and program staff activities;

(2) Collecting data and compiling program activity reports;

(3) Monitoring adherence to program model and evidence-based practices and recommending necessary changes to policies and procedures;

(4) Preparing written manuals, job descriptions, operating procedures, community education materials, and press releases;

(5) Integrating community resources into the program and developing Treatment Provider contracts;

(6) Managing program fiscal operations, including applying for new and maintaining ongoing grants, preparing annual budget, fiscal reports, and purchasing supplies;

(7) Replying to public inquiries and the press, as appropriate; NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(8) Reviewing treatment programs for adherence to evidence-based quality treatment;

(9) Attending staffing and hearings;

(10) Providing input on incentives, sanctions, and therapeutic adjustments;

(11) Preparing staffing agenda;

(12) Assuring visitors sign the Confidentiality Statement and filing it;

(13) Managing the docket caseload;

(14) Facilitating referrals to outside treatment agencies and maintaining contact with those agencies;

(15) Arranging for court-appointed interpreters;

(16) Providing input in performance evaluation of non-management staff;

(17) Advocating in the community for the effectiveness of the program; and

(18) Attending conferences and trainings.

(g) Department of Public Safety Representative. The Department of Public Safety Representative serves as a liaison between the Department of Public Safety and other law enforcement agencies and the Team. The representative participates in all staffing in a non-adversarial role and advocates for effective incentives, sanctions, and therapeutic adjustments from the law enforcement perspective. The representative’s responsibilities include:

(1) Searching arrest history and Law Enforcement Agencies Data System;

(2) Tracking rearrest or police contact;

(3) Serving summons or arrest warrants;

(4) Attending staffing and court hearings;

(5) Providing input on incentives, sanctions, and therapeutic adjustments;

(6) Advocating in the community for the effectiveness of the program; and

(7) Attending conferences and trainings.

(h) Mental Health Court Docket Caseworker. The Caseworker manages the case, develops individualized case plans that target criminogenic needs, and advocates for effective incentives, NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP sanctions, and therapeutic adjustments while holding the participant accountable to their docket-ordered conditions. The Caseworker’s responsibilities include:

(1) Meeting with the participant and developing case plans;

(2) Monitoring progress and adherence to court-ordered conditions;

(3) Documenting relevant case management contacts, violations, and progress in the case management system;

(4) Verifying accuracy of data collection and outcomes;

(5) Developing, reviewing, and modifying case plans with the participant, including goal setting based on the identified area of risk via the ARA assessment;

(6) Developing payment plans, monitoring payment progress, and reporting status to Team;

(7) Maintaining a working knowledge of community resources and referral procedures;

(8) Attending staffing and hearings;

(9) Providing input on incentives, sanctions, and therapeutic adjustments;

(10) Completing court status reports in accordance with program timelines to include areas of compliance with conditions, violations and status of case plan goals;

(11) Contacting other agencies or dockets as needed to gather information about the participant;

(12) Completing screenings and initial risk assessments and providing Screening Report to Team;

(13) Facilitating referrals to outside treatment agencies and maintaining contact with those agencies when the Manager is unavailable;

(14) Advocating in the community for the effectiveness of the program; and

(15) Attending conferences and trainings.

(i) Mental Health Court Docket Officer. The Officer is responsible for monitoring the participant. The Officer is a law enforcement officer under 6 CMC § 1434(b) who monitors the participant and ensures adherence to program terms and conditions, including maintaining public safety, monitoring and enforcing curfew, carrying out community supervision, documenting orders given to NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP the participant after court appearances, establishing contact with victims about restitution, and providing such information to the Team. The Officer participates in staffing in a non-adversarial role and advocates for effective incentives, sanctions, and therapeutic adjustments while holding the participant accountable to court ordered conditions. The Officer’s responsibilities include:

(1) Conducting frequent and random drug testing;

(2) Conducting random searches of the participant’s person;

(3) Conducting general searches of the participant’s home or living space, and vehicle;

(4) Conducting home visits and field visits;

(5) Documenting relevant case management contacts, violations, and progress in the case management system;

(6) Verifying accuracy of data collection and outcomes;

(7) Identifying environmental threats;

(8) Monitoring impending signs of relapse;

(9) Reporting investigative findings;

(10) Enforcing community obligations;

(11) Attending staffing and hearings;

(12) Providing input on incentives, sanctions, and therapeutic adjustments;

(13) Advocating in the community for the effectiveness of the program; and

(14) Attending conferences and trainings.