Rule 7 Program Outcomes for a Participant

There are four possible outcomes to the program: graduation, neutral discharge, voluntary discharge, or termination.

(a) Graduation. Graduation is the desired outcome in MHC.

(1) A participant is eligible for graduation after completing all treatment phases. The Caseworker will provide the participant with a plan outlining continued treatment, education, vocational training, employment, and other resources.

(2) The Judge will preside over the graduation ceremony and issue a certificate of successful program completion.

(3) The Judge will reject the plea held in abeyance and dismiss the case. NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP

(b) Neutral Discharge. A participant may be neutrally discharged.

(1) If the Team has determined that the participant has substantially complied with the program terms and conditions but successful completion is improbable after exhausting all reasonable efforts to complete the treatment, then the Judge may neutrally discharge the participant from the program. For example, the participant may have or develop a serious medical or mental health condition, disability, or other factors that prevents requirement completion.

(2) If the participant is neutrally discharged, the Judge shall reject the plea in abeyance and return the case to the regular criminal docket.

(3) The Caseworker will provide the participant with a plan recommending continued treatment, education, vocational training, employment, and other resources.

(c) Voluntary Discharge. A participant has the right to withdraw from the program in all circumstances. However, there may be consequences for doing so. Before the discharge, the Judge shall:

(1) Allow the participant to consult with the defense attorney;

(2) Determine in open court that the withdrawal is made voluntarily and knowingly with particular attention given to determining that the participant’s decision is not negatively influenced by mental illness, substance use, or course of treatment for mental illness or substance abuse;

(3) Admonish the participant in open court as to the consequences, actual or potential, which will result from withdrawal;

(4) Accept the plea in abeyance and sentence the participant pursuant to the agreement; and

(5) Transfer the case to another judge if participant requests to be sentence by another judge.

(d) Termination. The court may terminate a participant for cause.

(1) The court, at the Team’s request or on its own motion, may terminate a participant from the program. The seriousness of the treatment violation, repeated failures to comply, limitation NMI JUDICIARY MENTAL HEALTH COURT DOCKET cite as: NMI MHC PP of alternative treatment options, or other good cause may result in termination.

(2) Prior to termination from the program, the participant shall be served notice of termination hearing.

(3) The evidentiary standard for termination shall be that the prosecutor must prove by a preponderance of evidence that the participant committed the alleged violation necessary to trigger termination.

(4) If the participant is terminated, the Judge shall accept the plea in abeyance and sentence the participant pursuant to the agreement.