How Does Indiana’s Mental Health Court Program Work?

One of the bedrock principles of our criminal justice system is the idea that individuals should be held responsible for their actions. But when a defendant is suffering from mental illness, and that mental illness contributed to their criminal activities, Indiana has an alternative court program that in certain cases can replace incarceration with mental health treatment.

Eligibility for Indiana’s Mental Health Courts

Indiana’s Mental Health Courts are focused on helping individuals whose mental health issues are a factor in their criminal behavior. There are specific requirements that must be met before a defendant is eligible for a Mental Health Court in Indiana. In particular, the defendant must: 

• Be facing or have been convicted of certain felonies; some felonies, such as sex crimes, a conviction of a felony that resulted in serious bodily injury to someone else, or certain firearm-related felonies, are not eligible for Mental Health Court; 
• Have a diagnosed mental illness that has a logical connection to the criminal conduct; 
• Be designated as moderate to high-risk of becoming a repeat offender; 
• Be sentenced to at least 365 days, or be facing a sentence of at least 365 days, in prison.

A defendant won’t automatically be assigned to a Mental Health Court; they must be referred and approved before they can participate. A referral can come from the defendant’s attorney, the prosecutor or judge in their case, or the defendant’s mental health treatment provider. Referrals must be reviewed and approved by a local Mental Health Court Team, and the prosecutor must agree to allow the defendant to participate in the program.

Treatment in the Mental Health Court Program

If accepted into the Mental Health Court program, the defendant must plead guilty to the charged offense or offenses and agree to the program’s terms. These terms typically include: 

• Ongoing supervision by the court and a probation officer, including attendance and frequent court sessions; 
• Compliance with the requirements of their mental health treatment, including taking any prescribed medication as directed; 
• Attending regular meetings with a designated Recovery Coach; 
• Refraining from consuming alcohol or taking drugs, and submitting to periodic testing; 
• Not committing additional crimes

After a designated period of time in treatment, which can range from one to three years, the defendant may have their charges dismissed or the sentence commuted, depending on the terms of their agreement. Defendants who violate the terms of the Mental Health Court agreement can be sanctioned with required community service, brief periods of jail time, or in the most serious cases termination from the program and sentencing based on their guilty plea.

Razumich & Associates Can Help You Determine if a Mental Health Court is Right for Your Case

Mental Health Court is not for everybody. If accepted, the requirements are rigorous, and defendants who fail to meet them face the possibility of spending years in prison. At Razumich & Associates, we can help you review your case and determine whether you may be eligible for a Mental Health Court diversion program. If accepted, we can help you stay on track and meet the terms of your Mental Health Court agreement. And if you’re not accepted, we will still be in your corner, fighting for your rights and providing you with the strongest defense possible based on your particular circumstances. 

To learn more about how Razumich & Associates can help you, call us today at 317-449-8658, or use our contact link to schedule a consultation.