Mental Health Court

What is Mental Health Court?

The mental health court program is intended to offer highly motivated individuals, who are diagnosed with a serious mental illness, an alternative to incarceration. If you are accepted into mental health court, you will have the opportunity to end the crime/incarceration cycle and gain the skills necessary to establish a positive quality of life.

Our purpose is to provide comprehensive treatment and rehabilitation services to those who want to change. Mental Health Court is not an “easy out”. While stabilizing your mental health symptoms and abstinence from the use of alcohol and other drugs is essential to successful completion of the program, you will also be required to demonstrate fundamental changes in your thinking and behavior. Abiding by all of the rules is as important as achieving stability. The program is designed to assist you in becoming a self-sufficient, responsible member of the community.

Who is Eligible for Mental Health Court?

A defendant is eligible to apply for Mental Health Court if he/she meets the following criteria:
1. The defendant must be at least 18 years of age
2. The defendant must not be charged with (nor ever have been convicted of) sexual offenses, or crimes of violence during which a person carried, possessed or used a firearm or dangerous weapon, or physically harmed another during the commission of a crime.
3. The defendant must meet criteria for Severe Substance Use Disorder(s).
4. The defendant must be a resident of York County
5. The defendant must not have previously participated in a Mental Health Court program in South Carolina.

How Does Mental Health Court work?

  • Application:
    • After the defendant is referred, the Coordinator will call h/her to schedule an appointment to begin the application process. The defendant will bring a picture ID, social security card and $100 application fee in the form of a money order.
      If the defendant is incarcerated at the time of application, a visit will be scheduled to complete application.
  • Investigation/Assessment:
    • The mental health court team staff will obtain information including recommendations from all parties involved, pertinent medical records and a criminal record report. The defendant will be assessed by the Mental Health staff to determine eligibility.
  • Approval
    • Once approved the defendant will plead guilty to the charges and the sentencing will be deferred pending the successful completion of the program.
  • Participation Requirements:
    • The defendant will participate in counseling and rehabilitation services, as well as attend court on an ongoing basis.
  • Completion
    • Upon successful completion of all program requirements, the charges will be dismissed and eligible for expungement.

PROGRAM FEES:

Application Fee: $100
Participation Fee: $10 / week
Drug Test: No Cost On-Site

Restitution:

If the defendant owes restitution, the amount will be determined and a payment plan developed prior to being accepted into the VCAP.

REFERRAL FORM for Mental Health Court

  • Must be made by a Solicitor to the court after confirming the safety, and approval of the victim within 90 days of arrest.
    • This Referral Form may be submitted by a defense attorney but is subject to Solicitor approval.
  • Please mail or email the completed form to the Solicitor on the case.

Mental Health Court Referral Form

 

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