The Mental Health Court Program is administered by the Judicial Supervision & Diversion Programs (JSDP) division of the Second Judicial District Court. Find out more information about JSDP and other court programs.

Introduction

Silver Certification Mental Health Court (MHC) is a state-certified specialty treatment court program specifically for individuals whose involvement with the legal system is directly related to an undiagnosed or unmanaged mental health disorder, indicating a clear need for intervention, treatment and support. The program serves individuals charged and/or convicted of felony level charges within Bernalillo County. The program focuses on improving participants’ quality of life, receiving appropriate treatment services, and discontinuing involvement with the criminal justice system. The program is 100% voluntary, and is an alternative to the standard judicial process.

MHC completed a comprehensive program review process with the Department of Therapeutic Justice at the State Administrative Office of the Courts in June of 2023 and was awarded Silver-Level Certification as high-performing, best-practice specialty court program.

The program now includes both pre and post-plea tracks. The program serves individuals at high levels of risk and need, as assessed. The program duration typically ranges from 18-24 (credit earned) months. Time in the program is dependent on the severity of risk and need, level of participation and overall progression through the program.

MHC team members take into special consideration that most participants have extensive trauma histories, limited support systems and a history of substance use, mental health and co-occurring disorders. In addition, participants often lack basic resources such as housing, education and/or employment. Therefore, to meet the individualized needs of each participant, MHC provides intensive clinical case management, individual, group, and family treatment services, housing, academic and vocational support through community service providers. The services provided are unique to the person and are identified through individualized assessments and treatment planning. Each participant is given ample opportunity to receive the needed services to develop the life skills needed to live a life that is substance and criminal justice free.

Mission

Engage individuals with serious mental health diagnoses who are involved in the criminal system. The program strives to improve one’s quality of life through treatment, linkage to community resources, specialized supervision and extensive supportive measures.

Goal

The overall goal of the MHC program is to minimize and/or eliminate involvement with the criminal justice system while improving one’s overall mental health and quality of living.

Program Quick Facts

  • Program inception date:  2007
  • State certification:  Silver Level Certification awarded in June 2023
  • Judicial Officers:   The Honorable Bruce Fox and The Honorable Lucy Solimon

Program Referrals

Program referrals are accepted from attorneys, judges, treatment providers, community agencies, family members and from individuals involved in the justice system that are interested in participating in a jail diversion program, as an alternative to traditional court processes.

Pre-Post Plea

The MHC program accepts both pre-adjudication and post-adjudication referrals.

Pre-Adjudication: Participants can screen for the program pre-adjudication upon a referral to determine eligibility.

Post-Adjudication: Participants enter the program upon the filing of a formal plea agreement or upon a trial conviction. Sentencing is completed upon graduation of the program. Participants are advised appropriately of the possible sentence and penalties they may face, should termination or a voluntary withdrawal occur.

Eligibility

  • MHC accepts individuals with a serious mental health illness (SMI) as a primary diagnosis.
  • Participants must have current felony charges-pending in Bernalillo County.
  • Must have identifiable substance abuse, mental health and/or social service needs, and be willing to participate in treatment for the duration of the program. Treatment services may include psychiatric evaluation, medication management, substance abuse individual and/or group counseling, and other behavioral treatment services as recommended. Participants are not excluded from participation in MHC due to lack of residence and/ or stable residence.

Disqualification Criteria

(All referrals are reviewed and considered on a case by case basis)

  • Individuals who are pending charges or who have been convicted of capital offenses and/or sex offenses
  • Individuals who have been found incompetent, or whose competency is pending and/or do not have the cognitive capacity to participate in the program
  • Individuals who do not engage in completing clinical assessments and who stop showing up for program requirements
  • Individuals unwilling to follow treatment recommendations (e.g. medication management, counseling, case management services)
  • Individuals with cognitive impairment or learning disabilities that prohibit the ability to advance through the program

Service Delivery

Community treatment and case management is provided by many entities in the community. Referrals for clients are based on need and agency availability. Participants complete a therapeutic assessment and develop an individualized treatment plan that focuses on identifying strengths and addressing needs. Services are strength-based and client-centered for individuals who are challenged by substance abuse and co-occurring disorders and/or are deemed high-risk to reoffend in the community. Clients are engaged in MHC for 18 to 24 (credit-earned) months by transitioning through four phases, with an ongoing relationship of care in the areas of treatment, case management, housing, medication, stability, job readiness, parenting, and educational referrals.

Team Staffing

MHC Team Members meet weekly to review and discuss each participant’s progression through the program. The team discusses participants’ strengths, progress, barriers, and challenges. The team takes a non-adversarial approach and focuses on working together to help the participant achieve advancement through the phases of the program with the ultimate goal of successful completion of the program and overall enhancement of life.

Court Case Review

The MHC conducts bi-weekly case reviews at which time participants appear in court and participate in a discussion with the judge.