Rule 3.16 – Mental Health Court

C. Eligibility for Mental Health Court Admission.

1. Method of Admission. The original assigned Judge may order a defendant to Mental Health Court through a guilty or no contest plea, probation violation, judicial release, other early release options, or ILC.
2. Criminal Background Review. Prior to admission, each offender’s criminal background will be thoroughly reviewed. A history of serious or repetitive violence, including domestic violence convictions where physical harm or weapons were involved, will likely exclude an offender from Mental Health Court. Such a determination will be left to the discretion of the Mental Health Court Judge in accordance with the written policies governing the Mental Health Court. An offender’s criminal history will always be considered in assessing the offender’s risk to the staff and the community.
3. Competency. Any issues regarding competency shall be resolved before an offender can enter Mental Health Court.
4. Legal Eligibility. In order for a defendant to be eligible for Mental Health Court, the defendant must meet certain legal and clinical eligibility requirements.
   1. Legal Eligibility:
      1. An offender must be a current resident of Montgomery County, Ohio;
      2. An offender must be charged with one or more felonies;
      3. An offender may be considered for admission to Mental Health Court pre-plea, post-conviction, or as a result of a probation violation;
      4. An offender is required to enter a guilty plea as charged prior to admission to Mental Health Court and acknowledge having a serious mental illness that requires treatment;
      5. If eligible, an offender may complete Mental Health Court as an ILC. Otherwise, offenders will be admitted on community control;
      6. An offender eligible for judicial release may also be considered;
      7. An offender who has a history of persistent reoffending that is unrelated to the offender’s mental health diagnosis is ineligible;
      8. An offender who has a history of serious or repetitive violence is ineligible;
      9. An individual determined to be legally incompetent is ineligible;
      10. Crimes involving child victims will likely render the offender ineligible; and
      11. Violent offenses involving a victim with a serious injury will likely disqualify an offender.
   2. Clinical eligibility. To be admitted to Mental Health Court, participants must have been diagnosed with a serious mental illness, including, but not limited to, the following:
      1. Schizophrenia, Schizoaffective Disorder (bipolar or depressive), Bipolar Disorder, Major Depressive Disorder, Obsessive Compulsive Disorder, Panic Disorder, or Post-Traumatic Stress Disorder, each as diagnosed by a licensed provider and as described in the most current edition of the DSM (Diagnostic and Statistical Manual of Mental Disorders).
      2. Participants must also have the cognitive ability to understand the expectations of Mental Health Court and to voluntarily enter into the program, as determined by a licensed provider.
   3. Admission in Discretion of Mental Health Court Judge. Meeting the aforementioned legal and clinical eligibility criteria does not result in automatic admission to Mental Health Court. Admission to the program is within the sole discretion of the Mental Health Court Judge in accordance with the written policies and procedures governing the program and based upon the recommendations of licensed providers.