§ 16-99-105. Reporting and data collection
(a) (1) The Division of Community Correction shall provide data and information as requested by the Board of Corrections. (2) That data and information shall include without limitation: (A) The total number of probationers from each of the Division of Community Correction’s individual probation or parole areas for the current year and previous years, as […]
§ 16-100-101. Definitions
As used in this chapter: (1) “Evidence-based practices” means supervision, policies, procedures, and practices proven through research to reduce recidivism; (2) “Mental illness” means a condition of a person who has or has had in the past a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified by the Diagnostic […]
§ 16-100-201. Authorization — Evaluation — Restriction on services and treatment
(a) A judicial district may establish a mental health specialty court program, which shall consist of at least one (1) mental health specialty court, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14. (b) A mental health specialty court program authorized under this subchapter is […]
§ 16-100-202. Goals of mental health specialty court program
(a) The goals of a mental health specialty court program established under this subchapter include the following: (1) Integration of mental health treatment with criminal justice system case processing; (2) Use of a nonadversarial approach in which the prosecution and defense promote public safety while protecting the right of a mental health specialty court program […]
§ 16-100-203. Establishment of mental health specialty court
(a) A mental health specialty court is a specialized court within the existing structure of the court system. (b) A mental health specialty court program shall offer judicial monitoring of intensive mental health treatment and strict supervision of mental health specialty court program participants. (c) The creation of a mental health specialty court and the […]
§ 16-100-204. Administration of mental health specialty court program
(a) A mental health specialty court program may require a separate judicial processing system differing in practice and design from the traditional adversarial criminal prosecution and trial systems. (b) (1) The administrative judge of the judicial district shall designate one (1) or more circuit judges to be mental health specialty court judges and to administer […]
§ 16-100-205. Eligible persons — Waiver of certain rights
(a) A person is eligible for participation in a mental health specialty court program if: (1) The person has a mental illness; (2) The person is charged with a criminal offense other than a criminal offense listed in subsection (b) of this section; (3) The person waives his or her rights to a speedy trial […]
§ 16-100-206. Transfer of cases
(a) A circuit court or district court that determines, on the circuit court’s or district court’s own motion or upon application by a person charged with but not yet convicted of a criminal offense in the court, that the person may be better served in a mental health specialty court program may transfer the case […]
§ 16-100-207. Mental health treatment under program — Failure to comply with program
(a) (1) A mental health specialty court shall order mental health treatment for a mental health specialty court program participant for at least six (6) months. (2) Any mental health treatment ordered under subdivision (a)(1) of this section shall meet the minimum standards of mental health treatment promulgated by the Division of Aging, Adult, and […]
§ 16-100-208. Completion of program — Dismissal of case — Sealing of record
(a) Upon the mental health specialty court’s own motion or upon a request from a mental health specialty court program participant or his or her attorney, a mental health specialty court may order dismissal of the case against the mental health specialty court program participant and the sealing of the record if: (1) The mental […]