Clearwater County Mental Health Treatment Diversion Courts

IMPORTANT NOTE:

Prior to being accepted into any Treatment Diversion Court, the defendant must complete some MANDATORY evaluations and be "accepted" by the Team, Coordinator, Judge, and prosecutor. These forms are for informational purposes only. The official contract will be provided to your attorney upon completion of required evaluations.

Presiding Judge: The Honorable Adam Green

PO Box 586

150 Michigan Ave

Orofino, ID. 83544

Phone:  208-476-5596, Fax: 208-476-9315

 

Contact Us:

Court Coordinator:   Adrian Kiefer       Email:   akiefer@clearwatercounty.org

Phone:   208-827-0120

 

Mental Health Court Schedule:

Staffing:   1st-4th Tuesday at 1:30pm

Court:   1st-4th Tuesday at 2:00pm

Location:  150 Michigan Ave, Courtroom 1

Phase 1-3:  Attends court the 1st-4th Tuesday’s of the month

Phase 4-5:   Attends court the 1st Tuesday

 

Drug Testing:

Mental Health Court requires random and frequent testing on all participants who are in the program. Testing occurs on a random basis on any days during the week, weekends and holidays. Participants will call the UA line every single day according to the procedure set by their program. All positive tests are sent in for confirmation.

 

Location of Testing:   ChangePoint, 155 Main Street, Suite A

Time of Testing:  7:30am-8:15am

Participants may request to drug test at another location in District 2. Please reach out to the Coordinator for more information.

 

What is Mental Health Court?

Mental Health Court is designed for high risk/high need offenders who are suffering from severe and persistent mental illness. Mental Health Court provides intensive outpatient treatment, medication management, individual and group counseling, increased supervision and weekly review hearings with the Mental Health Court Judge. Mental Health Court is designed to keep mentally ill offenders out of the prison system. Mental Health Court follows evidence based practice in the design and implementation of their programs. Participants are expected to follow program rules and participate in treatment. The length of the program ranges between 17-24 months long. Upon graduation, participants may receive a reduction in sentence, dismissal or avoid imposition of sentence and/or prison (riders). Participants are subject to sanctions and incentives depending on their progress in the program.

 

When did the program start?     2012

 

Mental Health Court Team Members:

 

·        Judge Adam Green

·        Prosecutor:  Lori Gilmore

·        Public Defender:  Bill Fitzgerald

·        Treatment Providers: Riverside Recovery Sara Bennett, Bri Guier, Roger Virgin

·        Idaho Department of Corrections Probation & Parole: Christine Erbst, Tyler Reynolds

 

Treatment:

Clearwater County Mental Health Court currently partners with Riverside Recovery. Upon initial application to Mental Health Court, the participant will meet with one of the counselors at Riverside Recovery for a mental health evaluation. Based upon the assessment recommendations and acceptance to the program, the participant will be assigned groups and an individual counselor. All participants must apply for Medicaid.

 

How to apply:

Anyone may refer a person to Mental Health Court. Typically, a defendant’s attorney will refer their client to the program. If you would like to refer your client to Mental Health Court, please review our eligibility requirements first, then fill out the referral form below and submit to akiefer@clearwatercounty.org. If the defendant’s case is out of county, please check with the coordinator first to see if they are accepting out of county cases at that time.

 

REFERRAL FORM - Clearwater County Treatment Court Referral Form - 6/2023

 

Eligibility:

·     Must be currently charged with a felony or misdemeanor offense related to their mental illness or a felony probation violation related to mental illness

·     LSI between 18-40

·     Assessment indicating a severe and persistent mental illness

·     Bipolar

·     Major Depression (Severe/Recurrent)

·     Schizophrenia

·     Psychotic Disorder

·     Cannot have pled, found guilty, adjudicated or charged with a felony sex offense (juvenile or adult)

·     Charges must be related to lack of managing mental illness

·     Violent charges are reviewed on a case by case basis

·     Pled guilty to charges as agreed upon by the Prosecuting Attorney and the Defense Attorney

 

Screening:

After being referred to Mental Health Court, the Coordinator will make contact with the defendant for a screening to further determine eligibility. After completing the screening the defendant will meet with a Probation Officer for an LSI Evaluation. Upon completing the LSI, the defendant will meet with a representative from Riverside Recovery for a mental health evaluation. After all of these appointments are completed, the defendant’s case will be presented to the Clearwater County Mental Health Court Team during staffing. Determining of Mental Health Court eligibility is completed within 4-8 weeks.

 

If the defendant is accepted:

1.     Defendant must enter a guilty plea or plead guilty to their probation violations

2.     Defendant, attorney, prosecutor, drug court judge will sign the contract (below) and file with the drug court clerk

3.     Defendant, attorney, prosecutor will sign the disposition agreement and file with the drug court clerk

4.     All documents must be completed at change of plea/sentencing/disposition, please complete the contract below and file with the court.

 

If the defendant is denied, their case is returned to their sentencing judge for further proceedings.

 

How long does Mental Health Court last and what are the expectations?

Mental Health Court length is determined by the participant’s progress, but is a minimum of 17 months and consists of:

·        Weekly Review Hearings

·        Substance Use Treatment (individual counseling and group counseling)

·        Intensive community supervision (felony probation)

·        Referrals to housing, education, vocational training, employment, specialized counseling

·        Random and frequent drug testing

·        Rewards and sanctions are used to change behaviors

 

What happens if a participant violates their contract or probation while in Mental Health Court?

·        Verbal Warning

·        Paper

·        Curfew Reduction

·        Increased Supervision

·        Community Service

·        GPS Monitoring

·        Jail

·        Termination

 

What happens if a participant is terminated from Mental Health Court?

 

A participant may be terminated from the program for failure to comply with their contract. The Mental Health Court team decides whether or not to terminate a participant from the program. The Judge makes the final determination in the case of terminating a participant from the program. If the team decides to terminate, the participant’s probation officer will submit a probation violation to the defendant’s original judge. The participant will return before their original judge for a PV disposition hearing and sentencing.

 

What happens if the participant graduates from the program?

Once they have graduated from Mental Health Court, they are no longer in the Mental Health Court program. Ultimately, the disposition agreement will dictate what occurs upon graduation from Mental Health Court.