Local Rule 23 The Miami County Common Pleas Mental Health Court

LOCAL RULE 23

RULE 23 – SPECIALIZED DOCKET – THE MIAMI COUNTY COMMON PLEAS MENTAL HEALTH COURT

23.01      Creation of Specialized Docket, “The Miami County Common Pleas Mental Health Court.”

There is hereby created in the Court in its criminal division, a specialized docket for the handling of convictions of third, fourth, and fifth degree non-violent felonies that are recognized to have occurred because of mental health disorders.  This specialized docket shall be named the “Miami County Common Pleas Mental Health Court.”  Persons sentenced to community control or granted intervention in lieu of conviction or judicial release and who qualify for the Common Pleas Mental Health Court, will be supervised by a Judge, known as the Miami County Common Pleas Mental Health Court Judge, reporting to that Judge on a frequent basis, along with other Common Pleas Mental Health Court participants.  This specialized docket is established pursuant to the standards set forth in Sup. R. 36.20 – 36.33, including Appendix I.

 23.02      Eligibility Criteria for Miami County Common Pleas Mental Health Court Admission.

The Common Pleas Mental Health Court is a voluntary program for individuals charged with felony offenses who have been diagnosed with certain mental health disorders that are amenable to treatment.  Individuals must meet the following criteria to be admitted to the Common Pleas Mental Health Court docket:

 A.    The offender is charged with a non-violent felony, other than a violation of R.C. 2903.13 or R.C. 2919.25 at the discretion of the 

         Mental Health Court Judge, and is no more serious than a third-degree felony.

B.     The original charge must not be a sexually-oriented offense and the offender must not have a current sex offender status.

C.     The offender is competent and understands and appreciates the consequences of the legal proceedings.

D.     The offender must demonstrate a pattern of severe and persistent mental illness.  These symptoms must meet the criterial for 

         an Axis diagnosis of the DSM-IV-TR, DSM-V, or any successor manual.

E.      The Defendant’s mental health disorder was a factor in the behavior that resulted in the pending charge(s) and, unless treated,

          the Defendant’s disorder is likely to contribute to future criminal behavior.

F.       The offender must reside in Miami County.

G.      The offender is appropriate for care available in the community and is receptive to behavioral health treatment.

H.      The offender does not pose a risk of harm to the community, the staff of the court, the providers, or other agencies working with

          the Common Pleas Mental Health Court.

23.03      Referring Criminal Defendants to the Miami County Common Pleas Mental Health Court.

Any judicial officer, defense counsel, prosecuting attorney, treatment or other community provider, law enforcement personnel, probation officer, jail personnel, or medical provider may make a referral to the Common Pleas Mental Health Court.  The defendant should meet the basic eligibility requirements as set forth in Loc. R. 23.02 to be considered.

 If a defendant wishes to be evaluated for eligibility, the defense attorney and the defendant shall contact the Common Pleas Mental Health Court Coordinator, who shall screen for initial eligibility requirements.

23.04      Screening and Assessment Process for Participation in the Miami County Common Pleas Mental Health Court.

Following a plea or finding of guilt or grant of judicial release, the Court will refer the case to the Common Pleas Mental Health Court Coordinator, who will screen defendants for eligibility.  Defendants will also be required to complete a mental health assessment and a pre-sentence investigation as part of this process.   Defendants must complete and sign releases of information to facilitate inter-agency communication on behalf of the defendant and the Common Pleas Mental Health Court Team.

Upon completion of the eligibility screening and consideration of all applicable criteria and circumstances, the Common Pleas Mental Health Court Coordinator will provide a written recommendation to the Court.

Based upon the recommendation of the Common Pleas Mental Health Court Coordinator, and review of the mental health assessment, the pre-sentence investigation report, and all applicable criteria and circumstances, the Judge shall determine whether the defendant enters the Common Pleas Mental Health Court Docket as a condition of community control, intervention in lieu of conviction, or judicial release.

23.05      Docket Assignment for Common Pleas Mental Health Court Docket.

Cases shall remain on the regular docket of the originally-assigned Judge until the Common Pleas Mental Health Court Coordinator has screened the defendant and determined that the defendant is eligible for admission and the Mental Health Court Judge has accepted the Defendant.  If the defendant is deemed eligible, following sentencing or disposition, the case shall be transferred to the Miami County Common Pleas Mental Health Court Judge by filing a Motion For Transfer To and Admission To the Common Pleas Mental Health Court Docket.  If the defendant is not accepted into the Common Pleas Mental Health Court Docket, then the case shall remain with the originally-assigned Judge.

23.06      Common Pleas Mental Health Court Program Phases.

Participants in the Common Pleas Mental Health Court Program shall complete four phases of treatment, as individually necessary, and complete all other requirements as identified in the Common Pleas Mental Health Court Program Handbook and Common Pleas Mental Health Court Participation Agreement.  Participants shall comply with all of the rules and expectations as set forth in the Common Pleas Mental Health Court Program Handbook and as indicated by the Common Pleas Mental Health Court Judge at each participant’s initial appearance.  While participating in Common Pleas Mental Health Court, participants shall receive treatment services to attain stability of mental health symptoms and assist in meeting the needs of rehabilitation and preventing recidivism.  Upon graduation, the participant may be required to remain under community control or intervention in lieu of conviction sanctions to ensure continued compliance and success.

 23.07      Termination from the Common Pleas Mental Health Court Program.

The Common Pleas Mental Health Court Program Handbook shall set forth in its statement of graduated sanctions and reasons for unsuccessful termination from the Common Pleas Mental Health Court Program. Examples of reasons for termination include but are not limited to: absconding, failure to participate, chronic non-compliance with program requirements and/or treatment, and new charges and/or convictions that did not arise from an incident preceding Common Pleas Mental Health Court Program participation. 

The participant may receive a neutral termination from the Mental Health Court as a result of a serious medical or other mental health condition or other factor that may keep the participant from meeting the requirements for successful completion.

The decision to terminate a participant from the Common Pleas Mental Health Court Program shall be made in consultation with the Common Pleas Mental Health Court Program team but is the sole discretion of the Miami County Common Pleas Mental Health Court Judge. If a Common Pleas Mental Health Court Program participant is terminated from the program, the Miami County Common Pleas Mental Health Court Judge shall prepare and file an entry terminating the defendant from the Mental Health Court Program and the case shall be reassigned to the original Judge.  Termination may result in loss of future eligibility for the Common Pleas Mental Health Court Program or further legal action, including but not limited to, revocation of Community Control or intervention in lieu of conviction and imposition of a reserved prison term.