Frequently Asked Questions-Updated 2005

The Mental Health Court uses a diagnostic eligibility and a jurisdictional eligibility. Diagnostic eligibility is the existence of a severe, chronic mental disorder, sometimes referred to as a DSM-IV AXIS I disorder. Jurisdictional eligibility is defined by the law enforcement agency involved in the violation and arrest of the individual.

Any King County resident who has a severe, chronic mental disorder and is charged with a “state filed misdemeanor” is eligible for Mental Health Court State filed charges are those with an arrest by the King County Sheriff’s Department, the Washington State Patrol, the University of Washington Police, or any number of other state agencies. Cases whose misdemeanor charges originate from a suburban city arrest are currently not eligible for MHC services, even though some cities contract with King County District Court to provide general court and probation services. Efforts are underway to include more jurisdictions in the eligible criteria. Defendants with a mental illness who are charged with a felony offense may be eligible for the MHC through a special program managed by the King County Prosecutor’s Office and termed “Felony Drop Down”.

Non-King County residents are considered on a case-by-case basis with a determination made on whether the individual has or can access mental health benefits and ancillary case management and other needed services.

When making a referral to Mental Health Court, consider the diagnostic and jurisdictional criteria, then contact the court at 206-205-5292 or email the court at Seattle.KCDC@kingcounty.gov . The MHC clerk will advise the MHC Judge and MHC team of the case and schedule the matter for a courtesy hearing in the Mental Health Court.

First appearances are held Monday through Fridays at 11 AM. The MHC conducts a Review Calendar on Tuesday afternoons for post-disposition matters which are out-of-custody. The MHC conducts calendars on Wednesday and Thursday afternoons for pre-disposition matters and any in-custody matters; this calendar includes competency hearings, motions, in-custody reviews and any other hearing type.

No, Mental Health Court is a voluntary court. After consulting with their attorneys, defendants choose to opt-out in to the Mental Health Court or opt-out of the Mental Health Court, unless there is a question of competency. If competency concerns are raised, , the competency evaluation / restoration process is mandated by statute and the defendant’s decision to opt in/ out of the MHC is delayed until the competency issue has been addressed.

No, Mental Health Court is a criminal court. A crime must have been alleged and charges filed against the defendant in order for the case to be heard in MHC.

The civil commitment process is a civil court and occurs at the Superior Court level with hearings scheduled for Harborview Hall, Seattle. The Designated Mental Health Professionals (DMHPs) initiate a petition for these hearings.

The Mental Health Court defense attorneys’ responsibilities include zealous representation of their clients in Mental Health Court as in any other criminal matter. Additionally, one of the MHC defense attorneys screens for potential MHC clients as s/he staffs the the morning in-custody calendar at the jail facility.

Before an opt-in to the MHC, the attorneys consult with their clients to determine whether the client’s interests are better served by participation in Mental Health Court or the regular court system. If a client decides to opt-in to the court and chooses to participate in mental health treatment, the attorney continues to protect the client’s legal interests while working with the MHC team to help the defendant successfully complete mental health treatment and probation.

If competency is an issue, defense attorneys represent the clients in all stages of the competency proceedings, with the assistance of the defense social worker.

No. Some cases are dismissed after successful completion of Stipulated Orders of Continuance or Deferred Prosecution and a period of probation supervision. However, unless the case has been expunged from the record, the dismissal will be noted in the client’s criminal record.

Mental Health Court clients face more challenges and responsibilities in complying with a 24-month comprehensive mental health treatment plan, Hence, the Prosecuting Attorney may offer a diversion from prosecution or a reduced charge or a more lenient sentence in exchange for a plea to the charge(s). The State generally determines it is within their best interest to have a client engaged in treatment.

Prosecutors in Mental Health Court do not prepare for trial since clients volunteer to opt-in to the court in exchange for a diversion, a plea, or a deferred sentence. The Prosecutor also takes a defendant’s mental illness into consideration in filing decisions and when asking for sanctions.

Mental Health Court Probation Officers have a Master’s degree in Psychology or Social Work and have extensive experience in the mental health field. They have a more problem-solving role than a regular Probation Officer. When a defendant is out of compliance, the Probation Officer will work with the client, case managers, and treatment providers to evaluate the situation as a whole. They will attempt to facilitate behavioral change as well as recommending appropriate court action, rather than simply reporting violations to the court. Community safety remains a primary concern for Mental Health Court Probation Officers.

Defendants are typically sentenced to two years of probation supervision, depending on the nature of the charge and type of sentencing, but probation could last from one year to seven (the latter on a a DUI conviction) years. The court may close cases or may terminate supervision early when defendants are well connected with services and in full compliance during their probation.

Ideally, sanctions will fit the nature of the violation and be applied in a graduated fashion. Some of the options used include community service, increased probation contact, increased treatment contact, inpatient treatment, medication monitoring, court observation and as a last resort, jail time.

Each defendant will have a treatment plan that addresses their unique needs and community safety. The treatment plan includes mental health treatment, medication compliance, inpatient or outpatient chemical dependency treatment, Alcoholics Anonymous or other self-help groups, domestic violence treatment, sex offender treatment or other specialized treatments as recommended.

No, defendants without funding or means to pay for treatment are assisted in applying for appropriate public assistance benefits.

The King County Mental Health Chemical Abuse and Dependency Services has created specialized programs to support offenders in the Specialty Courts, such as the Mental Health Court and the Drug Diversion Court. Examples include 6-month vouchers for housing options and 12-month vouchers for Co-Occurring Disorder treatment services and housing.

Connect to the King County Mental Health, Chemical Abuse, and Dependency Services Division to learn more about the system: http://www.metrokc.gov/dchs/mhd/

Defendants are able to use the providers of their choice unless there are clinical reasons not to do so, such as the need for more intensive treatment than their chosen provider offers. Treatment plans take into consideration the defendant, the court monitor and the treatment provider . with the final decision resting with the treatment provider. The court is involved to approve the concept of the plan and monitor that the defendant continues to be engaged with the recommended treatment. The ultimate goal of addressing mental health issues in this way is to decrease the potential for future criminal behavior.

The MHC has priority access to licensed, integrated co-occurring disorder (COD) treatment, targeted specifically to our client needs, and provided through the King County Mental Health Chemical Dependency Services Division.

Yes. We host many visitors to observe mental health court, meet with the MHC team members, and learn about other resources which support our clients in their recovery. Email Lois Smith at lois.smith@kingcounty.gov for assistance.

All court proceedings are open to the public. Please contact Lois Smith at 206-296-3502 or email her at Lois.Smith@kingcounty.gov if you would like to observe the court or meet her or any of the MHC team members.

While there is no singular training curriculum for mental health court, the Mental Health Court Judge and attorneys have a variety of experiences and training in mental health and chemical dependency issues. The Probation Officers, Defense Social Worker, and Court Monitor have Master’s Degrees in psychology or social work and have extensive experience working with offenders with mental illness. The MHC management staff has a Master's Degree in Public Administration. The Mental health Court team participates in educational programs monthly to assure team members are current with resource information and eligibility criteria.