Common Elements in Mental Health Courts

• Participation in a mental health court is voluntary. The defendant must consent to participation before being placed in the program.
• Each jurisdiction accepts only persons with demonstrable mental illnesses to which their involvement in the criminal justice system can be attributed.
• The key objective of a mental health court is to either prevent the jailing of offenders with mental illness by diverting them to appropriate community services or to significantly reduce time spent incarcerated.
• Public safety is a high priority, and offenders with mental illness are carefully screened for appropriate inclusion in the program.
• Early intervention is essential, with screening and referral occurring as soon as possible after arrest.
• A multidisciplinary team approach is used, with the involvement of justice system representatives, mental health providers, and other support systems.
• Intensive case management includes supervision of participants, with a focus on accountability and monitoring of each participant's performance.
• The judge oversees the treatment and supervision process and facilitates collaboration among mental health court team members.