Mental Health Courts – Massachusetts Center of Excellence for Specialty Courts

Mental Health Courts, also referred to as Recovery Courts and Recovery with Justice, address the behavioral health and social support needs of adults involved with the criminal-legal system. Mental Health Courts are designed to increase access to mental health treatment for court-involved people and assist them in their path away from unlawful behavior.

Target Population & Program Referrals

Mental Health Courts serve adults involved with the criminal-legal system experiencing mental health disorder(s). People can be referred to Mental Health Court through a wide variety of sources. Some of these referral sources include:

People with a case in District or Municipal Courts who are pre-trial or are at sentencing or disposition:

Self & Defense Counsel: People can consult with their defense counsel and inquire about Mental Health Court. Defense counsel may also inquire with people about their interest in Mental Health Court. If people are interested, Defense Counsel may recommend a Mental Health Court screening to the court.
Prosecutor: Prosecutors may make a Mental Health Court screening recommendation to the court.
Probation: Probation officers may make a Mental Health Court screening recommendation to the court.
Judge: Judges may make a Mental Health Court screening recommendation.

People who are being supervised on Probation at a District or Municipal Court:

Self & Probation Officers: People who are already on Probation can consult with their Probation Officer and inquire about Mental Health Court. Probation Officers may make a Mental Health Court screening recommendation for people they supervise.
Self & Defense Counsel: People can consult with their defense counsel and inquiry about Mental Health Court. Often, this referral process arises when a violation notice is issued to people on Probation. When a violation notice is issued, Defense Counsel may also inquire with people about their interest in Mental Health Court.
Prosecutor: Prosecutors may make a Mental Health Court screening recommendation to the court at a violation of probation hearing.
Probation: Probation officers may make a Mental Health Court screening recommendation to the court at a violation of probation hearing.
Judge: Judges may make a Mental Health Court screening recommendation at a violation of probation hearing

Mental Health Court Eligibility & Screening Process

Participation in Massachusetts Mental Health Courts is voluntary. This means that people who are referred to Mental Health Court and meet eligibility criteria for the program must agree to participate in the program and agree to comply with program requirements. Before people are presented with the option to participate, Mental Health Court staff meet with individuals to inform them of program requirements and determine their eligibility.

In most cases, a Probation Officer working with a Mental Health Court will meet with potential participants to screen for eligibility criteria that pertain to their legal system involvement. The Probation Officer will also review the Mental Health Court participant handbook and provide information about the program requirements and structure. A Clinician working with a Mental Health Court will also meet potential participants to screen and assess for eligibility criteria related to their mental health needs. Often, people interested in the program will be invited to a Mental Health Court session, so that they can observe the program in action before they decide to participate.

If a person is determined to be eligible for Mental Health Court and voluntarily agrees to participation, then the person will be officially entered into the program and Mental Health Court will be included in their Conditions of Probation.

Mental Health Court Program Description

Initial participation in Mental Health Court involves screening and assessment to determine treatment needs and appropriate level of care, which may include stabilization services.

Following assessment and stabilization, participation includes intensive supervision and treatment, as participants meet frequently with a judge and receive treatment for mental health and co-occurring needs, which sometimes includes residential treatment.

Later complementary treatment and support services are added to treatment plans, which target areas of need in life domains beyond mental health such as education and employment, increasing social supports, improving family relationships, and housing.

Finally, participants focus on maintenance, as progress is monitored, supervision lessens, and participants prepare to transition out of the program.

Mental Health Court operations are overseen by a multidisciplinary team of professionals who work together to increase participant access to mental health treatment and assist participant in their path away from unlawful behavior. Typically, the Mental Health Court Team includes a Judge, Probation Officer, Clinician, Coordinator, Defense Counsel, Prosecution, and may include representatives from local treatment providers.

Throughout the Mental Health Court program, participants attend status hearings with a Judge. During these status hearings, the Judge will monitor participant progress in the program and participants have an opportunity to speak directly to the Judge about their progress.