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Clark County Washington Felony and Misdemeanor Mental Health Court, Part III

April 2, 2018 By actuate No comments yet

Program Fees

​All Mental Health Court Participants are required to pay a minimal program participation fee as well as all other court costs, fees, fines and/or restitution. Some fines may be eligible to be worked off on an alternate plan a case -by-case basis (work crew). The amount of the program fee and any associated cost, fines, fees, restitution and judgments shall be included on the MHC Contract and agreed upon at time of admission.
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Procedure:
Each participant will be required to pay a $150.00 program participation fee along with any other assessed fines, fees and/or restitution. The court will conduct an “ability to pay” inquiry with regards to the $150.00 program participation fee. Payments will be collected at the District Court Clerk’s/Administration office and funds will be allocated for ongoing operating costs.

  1. Full payment of the fees and/or completion of aft alternate plan must be satisfied before graduation unless waived by the Mental Health Court Judge.
  2. Treatment costs shall be based on insurance and/or eligibility and access to the continuum of care network. No high-risk MHC participant will be denied treatment due to funding.
  3. If the participant has restitution owing as a result of the offense, the restitution must be paid before the defendant’s case can be dismissed.

Progressive Sanctions and Incentives

Policy:
The Mental Health Court program will include a plan for progressive sanctions as well as incentives, which may be applied as an immediate and direct consequence or reward of a defendant’s progress or compliance level with program requirements. The following list of sanctions is advisory only and the MISC Judge at his/her discretion will employ final decisions.

​Procedure:
1.  The following are examples of the program’s graduated sanctions/interventions to assist defendants in complying with the program:

  • Judicial reprimands
  • Written assignments
  • Increased or additional participation in outpatient individual and/or group sessions
  • Increased frequency of court appearances before the MHC Judge
  • Referral to other community resources including physicians for medication evaluations
  • Community service work/ Work Crew
  • Curfew
  • Placed on a randomized drug and alcohol testing system
  • Commitment to community residential treatment for a specified period of time
  • Jail commitment
  • Electronic Monitoring Program

2.  The following are examples of incentives used to encourage defendants in complying with the program conditions:

  • Judicial recognition/praise by the MHC Judge
  • Being called early docket
  • Reduced court appearances
  • Participant’s ability to move/graduate between levels
  • Certificates marking completion of level/phase
  • Court Orders waiving a portion of the program fee (i.e. when obtaining GED, regaining custody of child(ren), obtain license, gains employment, etc.)
  • Candy or granola bars
  • Random raffle or other incentive items (gift certificates from local businesses) for above and beyond participation

Program Terms & Conditions

All Mental Health Court participants shall be engaged in individualized, comprehensive, and integrated mental health and/or substance abuse treatment and rehabilitation services for a minimum of 12 months but may be monitored in the court setting for a period of at least 16 months. In being accepted into the Mental Health Court Program and as a part of a participant’s sentence, the participant must abide by the contractual terms and conditions:

TERMS and CONDITIONS:

  1. I will obey all laws
  2. I will not consume alcohol or any non-prescription drugs.
  3. I will comply with my prescribed medication regimen
  4. I will appear at all hearings as ordered by the Judge and maintain weekly contact with the Program Coordinator via phone or office appointments.
  5. I will promptly inform my Program Coordinator end the Judge of any change in my address and phone number.
  6. I will attend all scheduled appointments with the treatment providers as outlined in my Treatment plan. The Mental Court treatment program shall meet the individual needs of each participant. Each treatment plan shall reflect the specified treatment objectives based on identified areas and length of time in treatment will be according to individual progress.
  7. I understand that I cannot have excessive or unexcused absences from any appointments, employment, schooling, training, probation, case management, community service, dug screens, treatment, medical or other obligations.
  8. I will comply with the terms of my probation.
  9. I authorize my treatment providers to release any medical information regarding my treatment or any testing to the Program Coordinator, the Judge, my lawyer and the prosecutor. I understand that information used or disclosed pursuant to this authorization may be subject to re-disclosure and no longer protected by law.
  10. I waive confidentiality of any medical records, to include any test results, and authorize my treatment providers to discuss my case with the court, my lawyer and the prosecutor in my case.
  11. I understand and agree that there may be discussions about my case, my treatment program, and my condition which will take place out of my presence or the presence of my lawyer.
  12. I must report any new arrests, police contact or criminal proceedings which arise against me to the Program Coordinator and to the Judge and, if miss I court appearance, a warrant may be issued for my arrest. If the warrant is outstanding for more than 30 days, I may be terminated from the Mental Health Court. If terminated from Mental Health Court, the Judge has authority to further sentence me.
  13. I understand that failure to meet any of the conditions listed above or below, will be cause for termination from Mental Health Court. In addition to following the above terms, 1 am responsible for complying with any of the conditions listed below:

Stipulations & Waiver of Rights

Mental Health Court is a voluntary program. In order to participate in the program, all participants must agree to the following stipulations and waiver of rights:
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All participants must agree that they have the following rights, which they will be giving up, if accepted into Mental Health Court:

  1. The right to a speedy and public trial by an impartial jury in the county where the crime was allegedly committed;
  2. The right to contest the legality of my arrest, the legality of any search and seizure of evidence, and the voluntariness and legality of any admissions or statements I made to the police regarding the crimes charged;
  3. The right to remain silent before and during trial, and the right to refuse Io testify against myself;
  4. The right at trial to hear and question the witnesses who testify against me;
  5. The right at trial to testify myself and the right to have witnesses testify for me. These witnesses can be made to appear at no expense to me;
  6. The right to appeal a finding of guilt after a trial.
  7. The right to contest the amount of restitution owed.

Participants must also stipulate that the following conditions of a stipulated bench trial will apply if they voluntarily terminate (after the initial 14 days) or ate involuntarily terminated from MHC:

  1. The right to a speedy trial and agree that any trial necessary may occur within 60 days from the date of withdrawal or termination from MHC (or 90 days if the defendant is not incarcerated).
  2. A judge acting alone without jury will determine the defendant’s guilt or innocence.
  3. The defendant must stipulate that the facts contained in the police reports and/or other supporting documents are true and correct and the defendant must stipulate to their admissibility, the defendant must stipulate to the accuracy and admissibility of any field test results, laboratory reports, end other expert testing or examination reports. The defendant must stipulate that all of these reports will be entered and used by the judge to determine a finding of guilt.
  4. The defendant must waive the right to present other evidence or witnesses or testimony. The defendant must either waive the tight to contest the sufficiency of the stipulated police anti other evidence reports to prove the offense charged. As a result the defendant acknowledges that it is very likely the Judge will find him/her’ guilty since the oldy evidence the Judge will consider are the reports and other materials submitted by the prosecutor.

All participants in Mental Health Court reserve the following rights in the event of s stipulated bench trial, following voluntary or involuntary termination:

  1. The right to be Represented by an attorney and if the defendant cannot afford one the right to have one appointed at public expense.
  2. The right to remain silent, before and during trial, end the right to refuse to testify against oneself without any presumption of guilt or prejudicial inference;
  3. The right to be presumed innocent unless each and every element of the offense changed is proved beyond a reasonable doubt at trial.

While in Phase 1, MHC participants are required to:

  1. Attend court weekly,
  2. Attend all scheduled appointments and obligations
  3. Engage in treatment regimen and comply with treatment plan tasks
  4. Comply with medication regimen (may require keeping a daily medication journal)
  5. Secure stable living environment or’ working closely with case manager to seek
  6. housing.
  7. Seek reliable transportation
  8. If appropriate, explore schooling or employment opportunities

Advancement criteria for Phase II

  • No unexcused absences from scheduled services for 30 consecutive days (court, treatment, meetings, drug tests, 1:1’s, community service, etc.)
  • If applicable, provide clean drug/alcohol screens for a minimum of 30 days
  • No new law violations
  • Read and sign Responsibility sheet for Phase II Court supervision sheet

While in Phase II, MHC participants are required to:

  1. Attend court once every other week (2‘d and 4″ weeks)
  2. Attend all scheduled appointments and obligations
  3. Continue with treatment regimen and comply with treatment plan tasks
  4. Comply with medication regimen (may require keeping a daily medication journal)
  5. Secure stable living environment oi working closely with ease manager to seek housing.
  6. Seek reliable transportation
  7. If appropriate, explore schooling or employment opportunities
  8. Make an effort to pay on fines, fees and/or restitution obligations

**If a participant is not complying with program conditions, the following may occur:

  1. Report to court more frequently; and/or
  2. Reassessed for additional services and/or community resources.
  3. Increase attendance and required documentation for community support groups,
  4. court-ordered program sanctions as determined by the MHC team and Judge

Advancement criteria or Phase III:

  • No unexcused absences from scheduled services for 30 consecutive days (court, treatment, meetings, drug screens, 1:1’s community service, etc.)
  • If applicable, provide clean drug/alcohol screens for a minimum of 30 days
  • No new law violations
  • Read and Sign Responsibility Sheet for Phase Ill Court supervision sheet

While in Phase III, MHC participants are required to:

  1. Attend court once every other week (2“’ and 4″ weeks)
  2. Attend all scheduled appointments and obligations
  3. Continue with treatment regimen and comply with treatment plan tasks
  4. Comply with medication regimen (may require keeping daily medication journal)
  5. Develop means to meet basic needs and independent living (stable, safe housing, income, employment or schooling, transportation, etc.)
  6. Make an effort to pay on fines, fees and/or’ restitution obligations

*** If a participant is not complying with program conditions, the following may occur:

  1. Decrease court phase by reporting to court more frequently; and/or
  2. Reassessed for additional services and/or community resources.
  3. Increase attendance and required documentation for’ community support groups,
  4. and/or
  5. Ordered other program sanctions as determined by the MHC team and Judge
  6. Potential notice of termination

Advancement criteria for Phase IV:

  • No unexcused absences front scheduled services for 30 consecutive days (court,
  • Treatment, meetings, drug tests, 1:1’s, community service, etc.)
  • Complete any treatment services that are not ongoing (i.e. substance abuse, anger management, etc.)
  • If applicable, provide clean drug/alcohol screens for’ a minimum of 30 days
  • No new law violations
  • Read and sign Responsibility Sheet for Phase IV Court supervision sheet

While in Phase IV, MISC participants are required to:

  1. Attend court once a month (the 4th Wednesday of each month)
  2. Meet with MHC Probation Officer as directed
  3. Attend all scheduled appointments and obligations
  4. Engage in treatment regimen and comply with treatment plan tasks if services are
  5. Comply with medication regimen (may require keeping a daily medication journal)
  6. Develop means to meet basic needs and independent living (stable, safe housing, income, employment or schooling, transportation, etc.)
  7. Set up e payment plan to pay on fees, fees rind/or restitution obligations
  8. Develop an aftercare end wellness plan*

*** If a participant is not complying with program conditions, the following may occur:

  1. Decrease court phase by reporting to coup more frequently; and/or
  2. Reassessed for additional services and/or community resources.
  3. Increase attendance and required documentation for community support groups,
  4. Ordered other program sanctions as determined by the MHC team and Judge
  5. Potential notice of termination.