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BUREAU OF JUSTICE ASSISTANCE MENTAL HEALTH COURTS PROGRAM
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What Are the Essential Elements of a Mental Health Court?

Three months of comments from the field on what makes a mental health court successful are available by following the links below. Based on a series of conversations with people in the field, CSG has identified ten essential elements. This web forum enabled reviewers to read the draft language for each of each element; rate element's accuracy, relevance, and the clarity of the explanation; explain his / her reaction; and suggest elements not included in the current version of the document. We received hundreds of responses, and are grateful to all who participated.

Click here to learn more about the elements, including how they were drafted and how feedback was incorporated.

Element Title Element Description Community Responses
Planning and Administration

A broad-based group of stakeholders representing the criminal justice, mental health, substance abuse, and related systems, and the community, guides the planning and administration of the court.

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Target Population

Eligibility criteria address public safety concerns, consider the availability of other alternatives for defendants with mental illness and treatment capacity, and take into account the relationship between mental illness and the defendantsÂ’ offenses.

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Terms of Participation

Terms of participation are clear, individualized, the least restrictive necessary to ensure treatment engagement, and minimize the impact on participantsÂ’ criminal records and their involvement in the criminal justice system.

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Informed Choice

Mental health court participants are found legally competent and are provided adequate legal counsel to help them fully understand the program requirements before entry and throughout their participation.

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Participant Identification

Participants are identified, service plans are developed, and participants are connected to services as quickly as possible.

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Confidentiality

Mental health and substance abuse treatment information is shared in a way that protects defendantsÂ’ confidentiality rights.

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Treatment and Supports

Mental health courts connect participants to comprehensive and individualized treatments and supports in the community.

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Court Team

A team of criminal justice and mental health staff administer the court, are supported by regular training and education, and regularly review and revise the court process.

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Monitoring Adherence

Criminal justice and mental health staff collaboratively monitor adherence to court conditions, adjust treatment plans and court conditions as necessary, and offer individualized and graduated incentives and sanctions to promote treatment engagement.

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Sustainability

Mental health courts pursue sustainability by measuring program impact, institutionalizing court processes, securing long-term funding, and building community support.

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