Press Room
The Consensus Project is coordinated by:
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| PROGRAM TITLE: |
Court Coordinated Services |
| AGENCY/ORGANIZATION: |
Board of County Commissioners |
| STATE: |
Oregon |
| YEAR ESTABLISHED: |
2003 |
| LEVEL OF JURISDICTION: |
County |
| ISSUE AREA: |
Courts: Adjudication and Sentencing |
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Program Overview
CCS is a voluntary diversion program designed especially for people with serious and persistent mental illness or developmental disabilities. Eligibility for the program is limited to Yamhill County residents. Only certain offenses, approved by the District Attorney, are eligible fo this diversion program.
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Recent Dialogue
Question for
Everyone
I am conducting some research into the caseload size for the MHC Probation Officers for the King County District Court Mental Health Court. Relying on the contact information in the NAMI/ TAPA/ Consensus Survey of Mental Health Courts, I found your email and am posing the following questions:
1. Do you use probation officers to monitor/ supervise the court orders initiated in the MHC? 2. How many probation officers serve in your program? 3. How large is the PO caseload? 4. What is the typical length of jurisdic-tion in your MHC? 5. Do you serve felony (F) as well as misdemeanor (MD) offenders? 6. Can you provide a guestimate (absent a real estimate) of the proportion of F/ MD cases that you service? Thanks.
- Lois Smith
02/27/06 09:39 AM EST
A: from Alene Jacobs,
Contact Person
1. no
2. sero
3. n/a
4 12 months
5. yes
6. 2:10
- Alene Jacobs 02/27/06 09:41 AM EST
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Program Description
Yamhill County Circuit Court
Court Coordinated Services
Program Description
Goals: CCS is a voluntary diversion program with the goal of increasing access to and engagement in treatment for persons with eligible serious and persistent mental illness or development disabilities who are residents of Yamhill County and are charged with certain eligible criminal offenses.
Candidates: Referrals will come from mental health professionals, Development Disabilities program staff, law enforcement, defense attorneys, pre-trial release officer, jail staff, family members, and circuit court judges
Eligible individuals:
Residency requirements - A person who has resided in Yamhill County and/or any of its municipalities for a continuous 30 day period prior to arrest. Proof of residency may be required to determine eligibility, and the decision on whether a person qualifies as a Yamhill County resident lies within the sole discretion of Court Coordinated Services. Reasonable exceptions might be granted upon petition to the court for individuals who are part of MVBCN.
Serious and persistent mental illness any individual who is 18 years or older who is diagnosed by a QMHP as suffering from a chronic mental disorder as defined by ORS426.495 (2)(b) which includes conditions such as schizophrenia, a serious affective disorder and paranoid disorders, or another chronic psychotic disorder which manifests symptoms that are not solely a result of mental retardation or other developmental disabilities, epilepsy, drug abuse, or alcoholism. These disorders must be likely to continue for more than one year and substantially limit the individuals consistent functioning in one or more of the following areas: home environment, community negotiation, social relations, vocational.
Developmental disability for adults (from OAR 411-320-0010) means a disability attributable to mental retardation, autism, cerebral palsy, epilepsy, or other neurological handicapping condition which requires training or support similar to that required by individuals with mental retardation, and the disability:
a) Originates before the individual attains the age of 22 years, except that in the case of mental retardation the condition must be manifested before the age of 18; and
b) Has continued, or can be expected to continue, indefinitely; and
c) Constitutes a substantial handicap to the ability of the individual to function in society; or
d) Results in significant sub-average general intellectual functioning with concurrent deficits in adaptive behavior which are manifested during the developmental period. Individuals of borderline intelligence may be considered to have mental retardation if there is also serious impairment of adaptive behavior. Definitions and classifications shall be consistent with the "Manual of Terminology and Classification in Mental Retardation" by the American Association on Mental Deficiency, 1977 Revision. Mental retardation is synonymous with mental deficiency.
Eligible charges may include:
Burglary II
Criminal Possession of a Forged Instrument
Criminal Mischief II and III
Disorderly Conduct
Giving False Information to a Police Officer
Forgery I and II
Criminal Trespass I and II
Harassment
Negotiating a Bad Check
Offensive Littering
Theft II and III
Unlawful Entry Into a Motor Vehicle
Assault IV (not Domestic Violence related - on a case by case basis)
Other charges considered on a case by case basis
Counsel: Defense counsel will be made available as soon as the defendant is identified as a candidate for CCS.
Screening For Eligibility: The CCS Liaison will screen Referrals for eligible mental illness or developmental disability. The District Attorney will determine eligibility based on charges and community safety. The CCS Judge makes final eligibility decision of those determined eligible by the DA.
Chemical Dependency Treatment Screening: Due to the high incidence of co-occurrence of mental illness and addiction, CCS clients will be tested for alcohol and non-prescribed drug use as a diagnostic rule-out and, when indicated, as a treatment issue. CCS staff in coordination with defense attorney will determine the need for UA. A random drug screening will be conducted during the first month of participation in CCS and at other intervals, if indicated.
Defendant will not waive right to jury trial but will agree that, at any subsequent trial on the underlying charges, he/she will waive any hearsay and Confrontation Clause objections to any witness' statement which statement has been disclosed to him/her or counsel in discovery if terminated from the program.
Right to Withdraw: After judicial approval to enter the program the defendant will have 14 days to withdraw without prejudice.
Scope and Length of Judicial Supervision: CCS is a one-year program. Client must demonstrate progress, protracted stability, and must complete ancillary requirements.
Process:
When eligibility is determined, defendant will report with counsel to the next regularly scheduled CCS hearing. CCS will be held every Tuesday at 4:00 p.m., or such other times as the court may require.
If accepted into CCS, an appointment will be set for client (Defendant) to work with case manager and Court Liaison to develop a service plan. This plan will be based on needs identified by the client and clients mental health treatment provider and will cover mental and physical health care, clients goals, housing, employment, education, medication, chemical dependency treatment, psychosocial and case management needs as appropriate. This plan will be signed by the client and approved by the court.
Court will be apprised of clients progress at regularly held CCS hearings. Potential sanctions for non-compliance will be clearly written in the service plan, detailing what action could be taken in response to the individuals failure to comply with conditions. At the same time, it must be recognized that psychiatric relapse is a common occurrence for people with mental illness. Setbacks may have no relation to the individuals desire to comply with court orders or adherence to a service plan. When individuals run into difficulties while in CCS, causes will be explored. A determination will be made by the CCS Steering Committee in conjunction with the clients mental health treatment provider as to whether any noncompliance was willful, was a symptom of the mental illness or was an indication of the need to change the service plan.
The right of a person with mental illness accused of a crime to refuse a particular treatment, including a particular medication, will be protected. The CCS Steering Committee in conjunction with the clients mental health treatment provider will review treatment refusals so that any decision to reinstate charges is made in an informed manner after all reasonable alternatives have been exhausted. The decision whether to terminate a clients CCS participation will be up to the judge after consideration of the above.
Client will report for CCS Court every week for the first 2 months. If there is evidence of progress, court appearance will then decrease to every two weeks for the next 2 months, and then to every three weeks for the remainder of time in CCS. Increasing time in court will be used as a sanction for non-compliance.
Medical Privacy: CCS will address privacy concerns with rules that keep medical information out of the public record of the proceedings and through sidebar or chamber conversations for sensitive discussions. Client will be advised that some medical information may be discussed on the record and appropriate waivers/consents will be required to be executed by client as a condition of entry into CCS.
Positive Incentives: Positive incentives will be given for successful progress in the service plan and for meeting specific assignments. Incentives may include: praise and encouragement from the judge and other team members, applause of the entire group, less frequent court appearances, graduation from CCS, award of a certificate of completion, and dismissal of charges.
Sanctions for Non-compliance: Sanctions will be used in proportion to the gravity of the non-compliance, for missed treatment, missed court dates, failed Uas, demonstrated poor attitude in treatment or in court. Sanctions may include stern statements from the judge, warnings or designation of no tolerance status, required development of lists or other written plans to deal with treatment-interfering behavior, time required to sit in court, and other appropriate sanctions.
Supervision: Court Liaison and case manager supervise all clients. If a client is on probation from a previous crime, a probation officer will also supervise. The Court Liaison will gather weekly progress reports from clients treatment providers.
Successful Termination from CCS:
To graduate from CCS, a client will
Complete the treatment plan devised by client and case manager and approved by the court.
Participate in an exit interview with the judge. The judge will determine if all qualifications for graduation have been met and make the final decision regarding qualification for graduation from CCS.
Upon successful completion of CCS, charges are dismissed, defendant may petition for expungement of arrest, if allowed by law. Psychiatric care generally continued, but without further court monitoring.
Graduation Ceremony: The graduation ceremony will occur in the presence of all other court participants. Participants are encouraged to bring family, friends and other guests that have been supportive and will continue to be supportive after graduation. Anyone wishing to make positive comments at that time will be able to do so. The graduate will be awarded a certificate of completion. A motion for dismissal will be filed by the DA and an order of dismissal signed by the judge.
If Defendant commits serious new crime or repeated willful violations, original charges are referred back to criminal court. Should the case proceed to trial, the District Attorney may present hearsay statements of witnesses, which statements have been disclosed to the client in discovery. Client will be deemed to have waived hearsay and Confrontation Clause objections to said statements.
5/25/04
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Staff from the Consensus Project, GAINS EBP Center, and GAINS TAPA Center have not conducted an empirical evaluation of any of the profiles provided in the directory. Accordingly, the Consensus Project, GAINS EBP, and GAINS TAPA do not promote any of these programs as "models" or "best practices." Nor does the directory reflect an inventory of all relevant efforts underway across the country. Administrators of the programs included in the directory are largely responsible for maintaining information about their initiative current. Accordingly, staff cannot guarantee that the information in the directory is completely current.
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