Mental Health Court

 Concerned that the most vulnerable of clients were often lost in the criminal justice system, the Office of the Public Defender spear headed the goal of creating a mental health court in the 19th Judicial Circuit.  With the support and guidance of all the community public safety agency's St. Lucie County began Mental Health Court on June 6, 2006.   Martin County Mental Health Court began on October 31, 2007.

A. What is Mental Health Court?

          The Mental Health Court was established as a subdivision of the Criminal Division of Courts in 2006 by an Administrative Order of the Chief Judge for the 19th Judicial Circuit.  Operating in St. Lucie and Martin Counties, Mental Health Court focuses on providing mentally ill defendants with the opportunity to receive community-based treatment and services through local providers while under the supervision of the Court. 
          Mental Health Court is a diversionary program that provides court supervision and social services through collaboration of state, county, and local non-profit service agencies.  The Program aims  to increase community safety and awareness; promote engagement in treatment; provide enhanced mental health services to improve the overall quality of life; promote independent living; and, reduce recidivism for clients with mental health disorders.

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B.  How is Mental Court Administered?
          A Mental Health Court Team, is presided over by a Circuit Judge, assigned by the Chief  Judge, and staffed from the Office of the Public Defender, an Assistant State Attorney, jail personnel, a representative from Florida’s Substance Abuse and Mental Health program office, the community mental health provider, a faith-based provider, and a licensed substance abuse provider, to assist participants by developing a plan of care that specifically targets the individual’s needs to achieve independence and stability.

C.  How are Clients Referred?
          A referral to Mental Health Court can be made by any community mental health agency, an arresting officer, a booking officer, jail medical staff, the first-appearance Judge, defense attorney, state attorney, or a presiding Judge.  All defendants transferred to Mental Health Court are subject to State Attorney approval.

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D.  What Process  Determines Client Eligibility?
          Mental Health Court accepts persons with a diagnosed severe mental illness or developmental disability, who are charged with either a felony or a misdemeanor.  The transfer of cases to Mental Health Court occurs when the court determines that the Defendant has been diagnosed with a mental illness or a developmental disability, or when the Defendant has shown obvious signs of mental illness or developmental disability during arrest, confinement, or appearance in court.  Mental Health Court can supervise the conditional release of anyone who is found to be either insane or incompetent.  When there is no issue of sanity or competency, the participant may be required to enter a plea of “No Contest” in order to be accepted into Mental Health Court. The presiding Judge or Mental Health Court Judge signs an Order reassigning the case to Mental Health Court  upon approval from the State. The charge of Driving or Boating Under the Influence is not permitted in Mental Health Court. 
          Mental Health screening is conducted by a Licensed Clinical Social Worker of Prison Health Services, Inc. at the St. Lucie County Jail within 48 hours of admission; and, by the Mental Health Court Team within 7 days following referral.  Inmates with positive screening for mental health problems are referred to qualified mental health professionals for further evaluation.  Forensic psychologists currently providing evaluations are committed to maintaining a partnership with the Mental Health Team, and to submit evaluations within a time-frame that will not delay the client’s Mental Health Court participation.

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E.  What Requirements Must Mental Health Court Clients Fulfill?
          Conditions of supervision imposed by Mental Health Court are integrated into the participants “Plan of Care”.  These conditions may include: supportive living arrangements, random drug and alcohol testing, attendance at 12-step meetings, therapy, medication compliance, and scheduled court appearances.
           Participants are required to engage in treatment and other recommended services while in Mental Health Court. The Mental Health Court Judge plays an active role in the plan of care for each participant by creating a therapeutic, non-punitive setting; thus, creating a supportive rapport with each individual.

F.  What is the length of time spent in Mental Health Court?                         
          A minimum of 6 months is required; however, the length of stay for each participant is dependant upon the severity of their charge and their progress in the program.

G.  Where and when is Mental Health Court?
          SLC Mental Health Court meets weekly, on Tuesdays at 2:00 p.m. in the main courthouse in Ft. Pierce.  Martin County Mental Health Court meets bi-monthly on Wednesdays at 3:00 p.m. in the Martin County Courthouse.

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H.  Graduation
          Participants who have met the minimum requirements of the program; engaged in treatment and services; abstained from alcohol and other drugs; and,  displayed an improved quality of life, will be eligible for graduation.  The degree to which defendants have adhered to these minimum requirements determine  “Recommended for Graduation” by the Mental Health Court Team.  Graduates receive a Certificate of Graduation, signed by the Judge.   Upon review by the State Attorney, the Graduates charges are either dismissed or documented as “time-served”.

I.  SLC Outcomes–2006-2007
          Four hundred two (402) misdemeanor and felony cases were diverted to, and guided through a Program of treatment/case management.  Two hundred seventy-six (276) active cases;  fifty-five (55) have graduated;  and, eleven (11) were sentenced for failure to participate.  The recidivism rate of 4% includes two (2) graduates, and the eleven (11) violating the Mental Health Court Conditions for participation.

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