BONNEVILLE COUNTY Mental Health Court Mental Health Court Program Standards And Practices Incorporating The Idaho Adult Drug Court and Mental Health Court Guidelines For Effectiveness And Evaluation September 21, 2010
TABLE OF CONTENTS: Bonneville County Mental Health Drug Court Standards and Practices: Page 2
FORWARD The purpose of the following document is to provide a general framework of principles, policies and practices for the Mental Health Court (hereinafter referred to as MHCT) Program in Bonneville County. This structure of standards and practices will: Enhance services to mentally ill offenders and provide the most Evidence Based Services in a client-centered manner to minimize hospitalization, incarceration, and recidivism while enhancing client independence and quality of life. Maximize coordination of treatment and resources; Provide guidelines for treatment and administration of the MHCT; and Facilitate development of coordinated long-range plans for sustainability of mental health court operations. Developed through a consensus of involved agencies, the standards include all of the elements that are considered essential to the operation of a MHCT Program in Bonneville County. Collectively, they represent a required minimum program model. Specific practices are also described to provide examples of actions that should be taken to ensure conformity to program standards. The standards and practices described in this document are the product of experience in operating the first MHCT in the state of Idaho, the fifth MHCT in the nation, also a national Learning Site for MHCT s, as well as incorporating the Idaho Adult Drug Court Guidelines For Effectiveness and Evaluation adopted by the Drug Court Coordinating Committee on September 26, 2003. INTRODUCTION About Mental Health Courts Mental Health courts are an innovative alternative to incarceration with emphasis on accountability and intensive monitoring for individuals with a severe and persistent mental illness and are charged with felony and misdemeanor offenses. The Mental Health court removes defendants from the clogged courtrooms of the traditional criminal justice system, and places them in a new type of courtroom environment. In this environment, they undergo intense, integrated, MH and SA treatment and counseling, make regular appearances before the judge and are monitored closely for program compliance. While Mental Health courts may vary widely in scope, organization and points of intervention, all share an underlying premise that crime committed by a mentally ill person is not simply a law enforcement or criminal justice problem, but a public health problem. Mental Health court programs see the court, specifically the judge, as filling a role that goes beyond that of adjudication. Mental health court participants may suffer from a variety of symptoms and illnesses and, thus, lack a common starting point. The steps necessary to stabilize participants and to situate them in Bonneville County Mental Health Drug Court Standards and Practices: Page 3
living situations that will maximize their effective functioning are likely to differ considerably from individual to individual. While a goal for substance abusers can clearly and measurably be abstinence within the timeframe of the drug court treatment program, such a practical framework is not so readily available in the treatment of mental illness. Court s cannot say, be cured within 12 months. They can expect that participants successfully follow the steps to improved functioning outlined in a collaborative treatment plan agreed upon by the participant, mental health professionals and MHCT treatment staff. Thus, the challenge for setting achievable milestones for mental health court professionals is more complex and the functional equivalent of graduation may differ considerably from individual to individual. 1 Mental Health Courts represent a very non-traditional judicial approach to criminal offenders who suffer from a severe and persistent mental illness as well as, in many cases, a substance abuse addiction. Rather than focusing only on the crimes they commit and the punishments they receive, Mental Health Court also attempts to solve some of their underlying problems through a very holistic, collaborative, treatment approach. The MHCT will focus on treatment for offenders suffering from Schizophrenia, Schizoaffective Disorder, Bipolar Disorder, and Major Depressive Disorder, recurrent, with psychotic features. This treatment will be provided through the Region 7 Assertive Community Treatment (ACT) team. There will also be integrated substance abuse treatment provided by the ACT team and all this treatment will meet ACT Team Fidelity requirements. Mental Health Courts are built upon a unique partnership between the criminal justice system and the treatment community, one which structures treatment intervention around the authority and personal involvement of a Judge. Mental Health Courts are also dependent upon the creation of a non-adversarial courtroom atmosphere where a judge and a dedicated team of professionals work together toward a common goal of providing the most evidence-based and integrated treatment possible for each individual participating in the court. Because of the unique challenges and opportunities that present themselves in working with severely mentally ill criminal defendants, many with a substance abuse disorder, treatment and rehabilitation strategies must be evidence and reality-based. About the Mental Health Court Program The Bonneville County Adult MHCT program is voluntary and primarily a postconviction program for severely and persistently mentally ill offenders, many with a co-occurring substance abuse disorder, who are mentally ill and have not been successful in their compliance with treatment. The four-phase program consists of intensive MH treatment for clients through the ACT Team, Matrix substance abuse 1 Emerging Judicial Strategies for the Mentally Ill in the Criminal Caseload by John S. Goldkamp and Cheryl Irons-Guynn, CJRI April 2000 Bonneville County Mental Health Drug Court Standards and Practices: Page 4
treatment through the ACT Team, frequent appearances before the MHCT judge, Moral Reconation Therapy, and Breaking Barriers treatment program. The first three phases operate on a competency and point system. For each completed activity, (such as attending a meeting with the probation officer or going to counseling) the defendant will receive one point. The defendant is also given a list of competency s that they must attain before advancing to the next phase. When the participant has reached the amount of points to complete the phase and has completed the phase competency requirements, they will be eligible to move on to the next phase. Upon completion of the first three phases, the client will enter Phase IV, the client must have at least six months of stability and sobriety in the program, not necessarily all of which will be in phase 4, to graduate the program. The entire program length, which is determined by the participant s progress, will not be less than 12 months. At the discretion of the MHCT team the client may be placed on formal/informal probation after graduation for a period of time to be determined by the MHCT team. The MHCT program is for severely and persistently mentally ill offenders. Unfortunately, the community mental health systems are not ideally suited to treat all individuals with severe and persistent mental illness. In particular, there are individuals with serious and persistent mental illness who either do not volunteer for treatment or they are not compliant with the treatment they do receive. These individuals may be homeless, abuse drugs and/or alcohol, and engage in criminal activity. They often have a history of recurring hospitalization. Increasingly, those treatment-resistant clients find themselves incarcerated in local jails and state prisons. MISSION STATEMENT To coordinate and integrate treatment for individuals with severe and persistent mental illness, who are involved in the criminal justice system, so as to reduce incarceration and hospitalization while enhancing their quality of life. Bonneville County s MHCT targets medium to high-risk offenders convicted in Magistrate and District Court. If the offender enters the Mental Health Court Program, the offender will become engaged in integrated MH/SA and Criminal Justice treatment while having routine status appearances before the Mental Health Court Judge. This will insure that continuity and consistency are maintained throughout the minimum twelve-month program. Determination concerning program entry resides with the screening team consisting of: the judge, court clerk, a deputy prosecuting attorney, a deputy public defender, MH court coordinator, probation Bonneville County Mental Health Drug Court Standards and Practices: Page 5
officers, ACT Team supervisor or designee, jail clinician, ARA director, child support representative, NAMI representative, and Vocational Rehabilitation, with the Judge having final determination and authority in the court. The offender is required to attend review hearings before the MHCT judge once a week or as otherwise ordered by the Court. The MHCT staffing team are present at and participate in these informal status review hearings. I. A. CURRENT ELIGIBILITY STANDARDS INCORPORATING STATE GUIDELINES FOR ELIGIBILITY 1.1. No person has a right to be admitted into mental health court. [I.C. 19-5604] 1.2. The court makes no limitations for offenders with violent crimes, each case will be considered on a case-by-case basis. 1.3. The Mental Health Court will define its target population, identify the characteristics of that target population, including criminogenic risk and needs, and establish written criteria for mental health court acceptance and exclusion. This manual establishes Bonneville County s target population and acceptance/exclusion criteria. Consideration for admission to the MHCT Program shall be limited to those defendants who meet the following criteria: ACT Team Criteria for MH treatment treatment which is: A diagnosis of Schizophrenia, Schizoaffective Disorder, Bipolar Disorder, or Major Depression, severe, recurrent, with Psychotic features as well as a history of psychiatric hospitalizations or incarcerations as well as functional deficits in two or more functional areas identified by ACT treatment. Medium to high risk offenders as identified and measured by LSI. Cases will be screened for eligibility. The screening team consists of a judge, deputy public defender, deputy prosecutor, deputy clerk, ACT Team staff, Court Coordinator, probation officers, NAMI, jail clinical staff, vocational rehabilitation, child support, ARA, family members and graduates of the program. Input may be requested from others as needed. The chart below demonstrates the application process and progress through the court. IDENTIFICATION AND ASSESSMENT 2.1 Prospective mental health court participants should be identified through a structured screening process designed to determine if they meet the mental health court target population eligibility criteria. Bonneville County Mental Health Drug Court Standards and Practices: Page 6
Practices: Defendants in custody will be referred to MHCT in the quickest manner possible. If an opening is not available for MHCT, there will not be a waiting list. When there is an opening, appropriate clients will be allowed entry into the program. 1. Referrals of potential cases to be screened will be made to the MHCT Coordinator. The Mental Health Court Coordinator will initially screen applicants. If applicant meets initial criteria, client will then be staffed with Probation Officers and LSI score assessed, then the ACT team will screen applicant. If client meets criteria through each step above, client will then come to court, observe the court, and then be screened by entire MH court team for approval or denial. Defendants out of custody will be assessed for eligibility and suitability as soon as possible. 2.2 Screening procedures should include using consistent, written criteria and nationally standardized and validated instruments prior to acceptance into mental health court. 2.3 Prospective mental health court participants shall be screened for criminogenic risk and needs using the Level of Services Inventory Revised (LSI-R) prior to acceptance into drug court. [IC 19-5604] 4. Upon application by the defendant, the Treatment Provider(s) will interview and assess each defendant for suitability. The Department of Correction/Bonneville County Probation will conduct the LSI interview. Follow-up LSI assessments will be conducted prior to graduation for program evaluation purposes. Practices: Final determination on the admission of a defendant to the MHCT Program shall be made by the Mental Health Court judge. The screening team may give their opinions and observations as to appropriateness of each candidate, but final decision-making ability lies with the judge. Bonneville County Mental Health Drug Court Standards and Practices: Page 7
Client is referred to MHC from various sources. Typically, plea has been entered; however, if none, plea must be entered prior to beginning MHC Client applies for entry into MHC program. MHC Coordinator reviews application. Client meets MHC Client does not Coordinator meet criteria; not The criteria Department for of Correction Probation will assist ACT the Team Drug Court Judge and referred for the inclusion. Prosecuting Attorney Officer in determining Supervisor the overall suitability inclusion of in MHC. defendants for the program reviews by completing reviews a standardized Risk Classification Client Assessment application. (LSI) for eligible application. defendants. meets Practice: Probation & Client not ACT criteria Client meets with referred for for entire MHC inclusion in Team. MHC. MHC Team* makes the final determination and official referral for client inclusion. If client opts point, client re to original j senten T c s Probation Officer develops terms conditions of probation MHC Coordinator handles releases. ACT Team provides Mental Health/substance abuse assessment and develops treatment Client compliance over time period of program. Client begins MHC Program. Contracts to complete Phases I IV (see handbook) Sanctions imposed for client noncompliance. Client graduation after successful * The MHC Team compliance. Bonneville includes the County MHC Mental Health Drug Court Standards Charges and Practices: Page 8 Coordinator, the Probation Officer, the dismissed. ACT Team, and the Continued non compliance may le termination. Cli returns to original for sentencing
The MHCT will use the LSI screening instrument prior to acceptance into mental health court in combination with a mental health and substance abuse assessment information. Risk assessment factors contributing to admission into the MHCT Program include most recent address and a summary of the defendant's prior criminal history for offenses. Consideration of risk assessment factors is discretionary and shall be used by the staffing team on a case-by-case basis. The risk factors will also help determine treatment needs. A follow-up LSI will be done prior to graduation from the program to demonstrate progress made while in the program. The Mental health court staffing team shall assist the Mental Health Court judge and the Prosecuting Attorney in determining the overall suitability of defendants for the program by interviewing eligible defendants and summarizing background and/or mental health and substance abuse history information which may bear on the individual's potential for success in the intensive mental health court treatment program. 1.4 The mental health court should identify eligible individuals quickly, screen them as soon as possible, advise them about the program and the merits of participating, and place them promptly in the mental health court. 1.5 Coerced treatment is as effective or more effective than voluntary treatment. Participants should not be excluded from admission solely because of prior treatment failures or a current lack of motivation for treatment, though it is a voluntary program. Mental Health court should implement motivational enhancement/interviewing strategies to engage participants and keep them in treatment. 1.7 Payment of fees, fines, and/or restitution is an important part of a participant s treatment, but no one, who is otherwise eligible, should be denied participation solely because of inability to pay, although graduation may be delayed until balances are paid. Practice: Clients are informed that they are required to pay all MH court fees, fines/restituation, and probation fees prior to graduation. The various agencies collecting these fees are to report to the Coordinator any unpaid balance prior to the client s graduation. If extension of the graduation date may be necessary, the Coordinator will notify the mental health court judge. Bonneville County Mental Health Drug Court Standards and Practices: Page 9
1.8 Cooperation among mental health court and other specialty courts is encouraged, within the constraints of available resources, to facilitate transfer of eligible applicants or current participants to the court that is most appropriate to them. Practice: The Coordinator should be contacted for requests to transfer a case from another jurisdiction or court to the Bonneville County MHCT. The MHCT team will review cases upon request. The Coordinator will contact mental health courts in other jurisdictions within Idaho for potential transfer of a Bonneville County MHCT case. To be eligible to participate in the MHCT program, the clients must: Have the capacity to manage the structure of MHCT. Those with a mental health diagnosis of Schizophrenia, Schizoaffective Disorder, Bipolar Disorder, and Major Depression, severe, with psychotic features may be eligible for the program. Have a history of psychiatric hospitalizations or incarcerations and have functional deficits in at least 2 areas as defined by ACT Team assessment criteria. Expectations: The following are certain expectations that each offender must meet but are not limited to: Each offender shall attempt to be employed and obtain employment to their maximum ability, this will involve Vocational Rehabilitation and be assessed and implemented on a case-by-case basis. Employment is very important to Recovery and has been proven to reduce stigma for mental health participants. Each offender shall have maintained at least six months of continuous sobriety prior to graduation from the program. The program length may be extended if necessary to allow for this. Offenders shall obtain their high school diploma or GED before being discharged from the program unless waived by the Judge. Each offender shall have a permanent/stable residence and telephone. Each offender shall pay costs of supervision and monthly mental health court program fees. All fees must be paid in full in order to graduate. Offenders may be required to participate in classes dealing with parenting, living skills, communications, and other appropriate treatment in addition to the mental health court treatment program. AA and NA attendance will be evaluated and/or required on a case-by- case basis by the MHCT team. Bonneville County Mental Health Drug Court Standards and Practices: Page 10
II. MENTAL HEALTH COURT OPERATIONS A. ALL INVOLVED AGENCIES Practice: All agencies will collaborate with efforts to establish a Qualified MHCT program that meets the State or County's minimum standards for administering a Mental Health Court. Each agency shall assign staff, and alternates, to be dedicated to the MHCT based on personal interest in the program, interpersonal skills, motivation and professional abilities, as defined in the District 7 Mental Health Court Memorandum of Agreement. These job descriptions are attached at the bottom of this Manual. Whenever feasible, agencies will make full or part-time staff assignments to the MHCT for a minimum term of one year to ensure stability and continuity of day-today operations and to strengthen collaborative relationships between the key professionals. Practices: All agencies agree to provide and/or attend orientation and mandatory training for assigned staff in the MHCT concept and on the day-to-day operations. All of the participating agencies agree to support the MHCT program by making appropriate adjustments to internal policies, practices and procedures to ensure successful day-to-day operations of the program The sponsoring District and Magistrate Court, Mental Health Court Coordinator, Prosecuting Attorney, Public Defender, Probation Officers, NAMI, Department of Health and Welfare, Law Enforcement and Treatment Provider(s) will, where appropriate: a. Provide administrative support for the development and compliance with agency-wide, uniform policies and procedures for all MHCT operations Bonneville County Mental Health Drug Court Standards and Practices: Page 11
b. Encourage agency-wide communication and cooperation between dedicated MHCT personnel c. Develop agency-wide procedures to collect and maintain statistical and evaluation information based upon statewide and/or countywide standards C. THE COURTROOM The Court recognizes the MHCT calendar as a priority and will establish a specialized, separate court, on a part or full-time basis, dedicated to the evaluation, treatment and supervision of eligible and suitable MHCT defendants. The courtroom clerk, as an agent of the Clerk of the Court, shall keep the MHCT Judge aware of administrative procedures that effect MHCT operations, ensure that all MHCT cases are processed in an efficient manner and assist the MHCT Coordinator in gathering statistics to document the success or failure of MHCT. Practices: 1. Mental Health Court sessions are held every Thursday 8:00 a.m. with staffing held from 7:00 a.m. to 8:00 a.m. The court times are flexible, however, and may be subject to change as the number of clients increase. MHCT sessions are not to replace treatment sessions scheduled for those days. Visitors in MHCT will be subject to an oath of confidentiality. 2. MHCT sessions will include the admittance and orientation of new participants into the Program in conjunction with progress reports of defendants previously admitted. Sessions will also include graduations of successful participants. 3. MHCT sessions will include the termination of participants from the program for non-compliance. Termination hearings are held at the regularly scheduled MHCT times to provide a deterrent to others in the program. The Court may schedule a termination hearing during the District Court s regular business hours to accommodate the jail, transfer, or court security personnel who would assist in bringing the offender to Court. Also, defendants that are terminated will be seen by their original sentencing judge for hearing, if it is not the MH court judge. 4. The Clerk's Office along with the MHCT Coordinator will provide clerical support Bonneville County Mental Health Drug Court Standards and Practices: Page 12
for the operation of the MHCT and process all MHCT cases as priority. Clerical support will include the timely preparation of court files, client roster, courtroom calendars, computer entries and collection of data to document the success or failure of MHCT participants. All docket entries and/or minute orders shall follow common court practices and protocols. D. PROGRAM FEES Practices: All Mental Health Court participants shall be required to pay a monthly program fee or in lieu of payment, satisfy the requirements of an alternate plan (e.g. community service) as determined by the MHCT Judge, which realistically reflects the individual's ability to pay and social situation. 1. Using an amount no greater than $35.00 per month as a fee, the MHCT Judge will set payment time frames on a case-by-case basis, with input from the treatment provider, probation officer, defense counsel and prosecuting attorney. If a client is terminated, any unpaid program fees and/or treatment costs may be submitted to the Court in the form of a Memorandum of Restitution and Order for Restitution. 2. The MHCT Coordinator, in collaboration with the MHCT Judge and court staff, will establish administrative and bookkeeping procedures to ensure collection of fees and regular reports to the Court. 3. Full payment of the fees, court costs, fines, and/or completion of community service must be satisfied prior to graduation unless waived by the MHCT Judge. E. SANCTIONS AND INCENTIVES The MHCT program will use sanctions and incentives in the most positive and beneficial ways to assist clients in meeting goals and objectives in the program. Practice: Promotion into each phase of the MHCT Program shall only be determined by the Mental Health Court Judge on the condition that the participant has satisfied the established minimum criteria for advancement and with recommendation of the MHCT team. Bonneville County Mental Health Drug Court Standards and Practices: Page 13
The MHCT Judge, at his discretion, may employ the following treatment interventions 2 to assist defendants in complying with the program: Increased treatment Increased drug testing Increased participation in outpatient individual and/or group sessions Increased frequency of court appearances before the MHCT Judge Curfew adjustments Period of incarceration Community service work Adjustment of attendance of AA/NA meetings Sheriff s Labor Program Writing assignments Home or GPS monitoring Any other creative and appropriate sanction/incentive F. DATA COLLECTION & PROGRAM EVALUATION Practices: The MHCT shall establish an automated data collection and program evaluation process that will conform to requirements as established by the MHCT Team and the Drug/Mental Health Court Executive Committee. The MHCT shall appoint the MHCT Coordinator and Court clerk to collect and maintain the statistical data for the Program and provide reports as requested. 1. The MHCT Coordinator shall utilize ISTARS to collect and evaluate data. Coordinator will also work with Statewide Mental Health and Drug Court Coordinator to meet State of Idaho requirements for recording data and will also work to continually improve data collection and analyses procedures. III. TREATMENT State Mental Health Court Guidelines Pertaining to Treatment: 3.0 Treatment in the Mental Health Court will consist of the following: 1-ACT Team mental health treatment provided to 2 This list does not contain the only sanctions available. However, it is a list of the most commonly utilized sanctions. Bonneville County Mental Health Drug Court Standards and Practices: Page 14
the Fidelity standard of the National ACT Guidelines. 2-Per ACT guidelines, ACT team will provide Integrated substance abuse/dual diagnosis treatment for court participants. This treatment will be provided using the Dr. Kenneth Minkoff model of Integrated substance abuse treatment combined with other Dual Diagnosis treatments, as needed. 3- Moral Reconation Therapy will be provided to all court participants to assist them in learning to improve moral reasoning and decision-making skills to decrease recidivism. 4- Breaking Barriers group will be provided to enhance participants abilities to follow rules and decrease recidivism. 5- Other treatment will be provided on a case by case basis, such as Symptom Management, Domestic Violence classes, Family-to- Family, WRAP plans, etc. A. THE TREATMENT PROGRAM All MHCT participants shall be offered a comprehensive and integrated system of treatment and rehabilitation services to be supervised by the MHCT Judge. Individualized treatment plans for participants shall follow ACT Team guidelines and shall have specified treatment objectives and goals. Practice: See Handbook for Phases and Competencies.. All Mental Health court team members will show up to staffings prepared with information to discuss client progress, treatment, and compliance from the previous week. C. RANDOM DRUG TESTING The Coordinator shall collaborate with the MHCT team to implement a plan for random, observed drug testing of participants. Bonneville County Mental Health Drug Court Standards and Practices: Page 15
Practices: The Coordinator shall: a. Arrange a contract with a laboratory to conduct drug testing that meets the minimum standards for federal agencies and includes holidays and weekends. b. Develop policies and procedures to ensure security and reasonable controls to deter tampering or misrepresentation of specimens or test results. c. Develop procedures to ensure that the participant is randomly tested and that the frequency of tests is appropriate for the treatment phase and in accordance with the orders of the MHCT Judge. d. Maintain and secure test result records for each defendant and develop a reporting format and procedure for presenting testing results to the MHCT Judge, treatment provider and probation officer prior to all scheduled court appearances. e. ACT Team, Coordinator, and probation officers will all participate in administering drug testing. DRUG TESTING RESULTS MENTAL HEALTH COURT POLICY RE: URINE RESULTS AND STATEMENTS Participant's drug test results will be used to assist the court, health care, and treatment providers in evaluating the client's progress; to determine if the treatment plan needs modification; or, as an aid in determining whether the individual should be terminated from or continued in Mental Health Court. Voluntary disclosure of substance abuse, while participating in Mental Health Court, shall not be used as evidence of a new crime or a violation of the conditions of probation or in any other manner inconsistent with the goals of Mental Health Court. A participant's failure to voluntarily disclose substance abuse while in Mental Health Court, as later confirmed by drug testing, will not necessarily result in termination from the Court nor in the filing of a probation violation but could be used as a basis for either such termination and/or filing a report of probation violation. Bonneville County Mental Health Drug Court Standards and Practices: Page 16
The coordinator will develop a Memorandum of Agreement between partnering agencies to secure treatment and collaboration between partnering agencies in the MH court even when turnover of particular employees may occur. IV. ROLE OF THE JUDGE Practices: The focus and direction of a mental health court program are provided through the effective leadership of the mental health court judge. 1. The Judge is in a unique position to exert effective leadership in the promotion of effective integrated treatment for MH court participants. 2. To encourage full commitment to the success of a MHCT Program, the Judge must allow program staff to participate fully in the design and implementation of the program. 3. Partnerships should be formed between the Judge, all affected criminal justice agencies and the treatment providers which will allow collaboration in decisionmaking, sharing of resources and coordination of efforts. 4. The Judge is responsible for maintaining a non-adversarial atmosphere in the MHCT. All staff must see their job as the facilitation of the participant's recovery. 5. The Judge must be one of the key motivational factors to convince the offender to seek recovery. Less formal and more frequent court appearances must be scheduled to allow the judge to motivate and monitor the participants. 6. The Judge should conduct court such that all participants benefit by observation of others as they progress (or fail to progress) in treatment and the Court takes appropriate action. 7. The MHCT Judge must be willing to serve as program advocate and represent the program in the community, before government and criminal justice agencies and other public forums and be willing to seek funding for the program. Bonneville County Mental Health Drug Court Standards and Practices: Page 17
V. Role of the ACT team/supervisor Mental Health Court ACT Team Clinical Supervisor Job Description The ACT Team Clinical Supervisor s role with Mental Health Court will involve the following. Mental Health Services: He/She will coordinate all mental health and chemical dependency services provided by the ACT Team with the Mental Health Court. This will include participating in the administration of drug testing. He/She will supervise the ACT Team and ensure that the ACT Team is meeting fidelity standards. He/She will communicate Mental Health Court Staffings with the ACT Team psychiatrist and keep him/her updated on the status of the mental health court participants. He/She will ensure that the ACT Team is arranging for daily medications and the ACT Team will coordinate with the jail to ensure participants are receiving their prescribed medications while in jail. Communication: He/She will ensure that there is good communication between the ACT Team and the Mental Health Court. He/She will attend or designate an ACT Team member to attend all Mental Health Court staffings. He/She will be available to coordinate information throughout the working day with Mental Health Court. He/She will actively participate in Mental Health Court staffings and come prepared to exchange any needed information. He/she will share information from the Mental Health Court with the ACT Team and ensure that the ACT Team provides the needed service to the participants. Staffings: He/She will attend clinical staffings for Mental Health Court Participants bi-weekly for both the Bonneville County and Upper Valley Mental Health Courts. He/She will attend MHC Staffings prior to court weekly in Bonneville County and Bi- Weekly in the Upper Valley Court. He/She will also attend Quarterly QI meetings for the court. Interviews: He/She will interview potential participants to assess for his/her appropriateness for the ACT Team and Mental Health Court. This information will be shared with the appropriate staff on Mental Health Court. Time: He/she will typically spend between 4-8 hours a week involved in meetings, staffings, and coordination with other Mental Health Court Staff (Court coordinator, Bonneville County Mental Health Drug Court Standards and Practices: Page 18
probation officer, judge, court clerk, vocational rehabilitation, child support, attorneys and others). Other: VI. Role of the probation officer(s): Misdemeanor Probation Officer-Probation will provide supervision for Court participants and assist with substance abuse testing. Probation will coordinate with the Court to ensure that participants follow the rules of probation, the Mental Health Court participant handbook and participant agreement. Probation will consolidate the Court participant caseload with one probation officer whenever possible and will attend weekly staff meetings to provide status reports. Probation officer will commit to 3-5 hours per week of service to the court, including court, home visits, UA's, etc. BONNEVILLE COUNTY MENTAL HEALTH COURT GENERAL CONDITIONS 1. Obey all laws. Notify your Probation Officer of any law enforcement contact, including citations. Immediately. 2. If you are required by the mental health court team to obtain/maintain employment, do not change employment without prior approval from your Probation Officer. Do not change your residence without prior approval from your Probation Officer. 3. You are required to stay within the boundaries of the seventh judicial district unless permission is granted by your probation officer. You may also be confined to the residing county as directed by your Probation Officer. 3. Do not associate with anyone who is breaking the law. Do not associate with anyone on probation/parole including those in the mental health court program or other problem solving courts unless permission is given to you by your Probation Officer. Do not associate with anyone who uses drugs or who is consuming alcohol. 4. Do not use any prescription drugs without a valid prescription and permission from the ACT team for non-emergency situations. In the case of a medical emergency, you may follow medical advice and then contact the ACT team and your Probation Officer at the earliest convenience. You must inform the physician/medical agency that you are a participant in the mental health court program, your mental health diagnosis, your medications, and any addiction issues if applicable. You are required to sign a release of information for the ACT team with the treating physician/medical agency and to notify the ACT team by the next business day. 5. Do not use any non-prescription drugs, over the counter medications, dietary supplements, herbal products, or weight loss products that contain pseudoephedrine or Bonneville County Mental Health Drug Court Standards and Practices: Page 19
alcohol; including cough syrup and/or mouthwash unless permission is preapproved by the ACT team. Do not consume non-alcoholic beer. Do not use any mood altering substances including inhalants, energy drinks (like Red Bull, Rockstar) or energy pills. Do not use Creatine. Coffee and pop are allowed. Do not eat foods containing poppy seeds. 6. You must check in regularly with your Probation Officer in accordance with the mental health court handbook. Report day is from am/pm to am/pm on. You will be required to provide a monthly report form, a most recent paystub, receipts for fine payments, and approved support group card(as applicable). 7. All dating and intimate relationships must be preapproved by the mental health court team and processed with your mental health court caseworker. 8. In addition to the Cost of Supervision fee, participants are required to pay a mental health court fee per month as determined by the mental health court team. 9. Submit to random UA testing per the call in system. Failure to provide a sample for drug/alcohol testing will be considered a stall and will result in a sanction. UA specimens that are determined diluted by the lab or a positive creatinine will be considered a positive UA test and sanctions will be issued. 10. Participants are required to attend all treatment sessions per the recommendation of the mental health court team. A participant must have permission from their Probation Officer to be excused from a treatment session. Any unauthorized missed treatment sessions or late for treatment sessions may result in a sanction. 11. While in Mental Health Court program, you will be subject to the flowing curfew: Phase 1/ 8pm, Phase 2/ 9 pm, Phase 3/ 10 pm, and Phase 4/ 12 am. You must have your Probation Officer s permission to be allowed out pass the curfew with the exception of medical emergencies. Anytime you are out past curfew, whether you have permission or not, you must leave a voicemail with your Probation Officer and ACT team caseworker stating your location and the reason you are out past curfew. I understand and agree to abide by these General Conditions and the specific condition of the Mental Health Court Program. I understand that failure to comply these conditions may result in a probation violation and/or revocation of my probation. Probationer Date Probation Officer Date Seventh Judicial Mental Health Court Probation Officer Standards Frequency During Phase Bonneville County Mental Health Drug Court Standards and Practices: Page 20
Supervision Standards 1. See participant in person at least: (office, home, work, collateral) Phase I 4x s a month Phase II 3x s a month Phase III 2x s a month Phase IV 1x a month 2. Monitor that participant attends treatment and/or approved support groups as directed by the mental health court team. 3. Home visits At least 1x per 3 4. Ensure participant submits to random drug tests a minimum of: months 3x s a week At least 1x per 3 months 2x s a week At least 1x per 6 months 1x a week At least 1x per 6 months 1x a week or PRN 5. Require participant to attend Mental Health Court as directed by the Mental Health Court Team 6. Require participant to pay a $35.00 Mental Health Court fee per month or a sliding scale payment as approved by the Mental Health Court team and be current with other fees and fines. 7. Monitor that applicable participant maintains employment or participates in continuing education as directed by the team. 8. Participate as a team member and attend regularly scheduled clinical staffing and Mental Health Court hearings. Monthly payment Monthly payment Monthly payment Monthly payment Monthly Monthly Monthly Monthly Bonneville County Mental Health Drug Court Standards and Practices: Page 21
Revised 05/26/09 Bonneville County Mental Health Drug Court Standards and Practices: Page 22