Approved 12/12/17; Effective 12/18/17
Amended 9/21/22; Effective 10/1/22
A. Creation of Specialized Docket – “Mental Health Court.”
Mental Health Court is created pursuant to the specialized docket standards set forth in Sup.R. 36.20 – 36.28, including Appendix I. The purpose of Mental Health Court is to offer intensive probation and targeted treatment for offenders who have been diagnosed with a serious mental illness and where such illness contributed to the offender’s involvement in the criminal justice system. Eligible offenders as defined in Subsection C of this Rule shall be supervised by the Probation Services Department (“Probation Services”) to ensure compliance with community control sanctions and to assist with criminogenic needs. The goals of Mental Health Court are as follows:
B. Mental Health Court Team.
The “Mental Health Court Team” shall consist of the Judge assigned to Mental Health Court (“Mental Health Court Judge”), the Program Coordinators, Probation Services Manager and staff, a designated Probation Officer, licensed treatment providers, community based employment program personnel, the Assistant Prosecuting Attorney assigned to Mental Health Court, and defense counsel. The Mental Health Court Team shall convene bi-monthly to discuss the progress and status of individual offenders, apply sanctions or incentives as needed, and for any other matters.
C. Eligibility for Mental Health Court Admission.
D. Referral to Mental Health Court.
Entry into Mental Health Court shall be upon the referral from judges, attorneys, case managers, probation officers, or others. All referral information shall be immediately sent to the Mental Health Court Judge or Mental Health Court judicial staff. The Mental Health Court Judge shall have final discretion to decide if the defendant is eligible for the Mental Health Court.
After a defendant is admitted to Mental Health Court as a community control sanction or an ILC, along with any other appropriate sanctions, the case shall be transferred to the Mental Health Court Judge for any and all further court proceedings. The Mental Health Court Judge shall have the authority to conduct arraignments, accept pleas, enter findings and dispositions, order or modify community control sanctions or ILC sanctions and revoke community control or ILC.
F. Treatment Phases.
Mental Health Court offenders shall be required to complete four phases of treatment, as individually necessary, and to complete all other requirements as identified in the Mental Health Court Participant Handbook and Mental Health Participation Agreement. Mental Health Court offenders shall comply with all the rules and expectations set forth in the Participant Handbook and as indicated by the Mental Health Court Judge at each offender’s initial appearance. While in Mental Health Court, the offender shall receive treatment services to attain stability of mental health symptoms and to assist in meeting criminogenic needs. Upon graduation, the offender may be required to remain under community control or ILC sanctions to ensure continued compliance and success.
G. Sanctions for Non-Compliance. Sanctions for a Mental Health Court offender’s non-compliance shall vary in intensity and may include, but are not limited to, the following:
H. Unsuccessful Terminations.
I. Statistical Reports.
For purposes of Ohio Supreme Court statistical reports, the case shall be considered disposed by the original assigned Judge when the defendant is sentenced to Mental Health Court or the defendant is ordered into Mental Health Court as a condition of ILC.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
14 W 4th St
Dayton, OH 45402