The Mental Health Court attorneys’ responsibilities include zealous representation of their clients in Mental Health Court as in any other criminal matter. Additionally, one of the MHC defense attorneys screens for potential MHC clients on the early morning jail calendars.

Before opt-in, the attorneys consult with their clients to determine whether their interests are better served by participation in Mental Health Court or the regular court system. If a client decides to opt-in to the court and chooses to participate in mental health treatment, the attorney continues to protect the client’s legal interests while working with the team to help the defendant successfully complete mental health treatment and probation.

If competency becomes an issue, defense counsel also represent clients in all stages of competency proceedings, with the assistance of the defense social worker.

The MHC has priority access to licensed, integrated co-occurring disorder (COD) treatment, targeted specifically to our client needs.

No, Mental Health Court is a criminal court. A crime must have been alleged and charges filed against the defendant in order for their cases to be heard in MHC.

Not always. Some cases are dismissed after successful completion of Stipulated Orders of Continuance or Deferred Prosecution and a period of Probation. However, unless the case has been expunged from the record, the dismissal will be noted in the client’s criminal record.

Any King County resident who has a severe, chronic mental disorder and is charged with a state filed msdemeanor is eligible for Mental Health Court (see eligibility criteria in more detail on this site). Cities who contract with King County to provide Probation services are not within Mental Health Court jurisdiction. However, efforts are being made to include more jurisdictions in our eligible range.

No, Mental Health Court is a voluntary court. After consulting with their attorneys, defendants can choose to opt-out of Mental Health Court, unless there is a question of competency. If competency concerns are raised in court, the evaluation/restoration is mandated and the defendant retains the right to opt out if he or she is found to be competent at the end of the process.

1. Community safety
   
2. Systems integration and service facilitation for our defendants
   
3. Reducing the criminalization of persons with mental illness and other brain disorders

First appearances are held Monday-Friday; some review hearings are held on Tuesday; and calendars with competency hearings, motions, reviews and other hearing types are held Wednesday and Thursday.

No, defendants without funding or means to pay for treatment will be assisted in applying for appropriate public assistance benefits.

Mental Health Court Probation Officers have Masters degrees in Psychology or Social Work and they have extensive experience in the mental health field. They have a more problem-solving role than a regular Probation Officer. When a defendant is out of compliance, the Probation Officer will work with the client, case managers, and treatment providers to evaluate the situation as a whole. They will attempt to facilitate behavioral change as well as recommending appropriate court action, rather than simply reporting violations to the court. Community safety remains a primary concern for Mental Health Court Probation Officers.

Defendants are typically sentenced to two years of probation, depending on the nature of the charge and type of sentencing, probation could last from one to seven (with a DUI conviction) years. The court may close cases early when defendants are well connected with services and have been in full compliance during their probation.

Because Mental Health Court clients face greater challenges and responsibilities as part of complying with comprehensive mental health treatment plans, the Prosecutor may offer a diversion from prosecution or she may offer a reduced charge or a more lenient sentence in exchange for a plea. It is in the State’s best interest to have a client engaged in treatment.

Prosecutors in Mental Health Court do not have to prepare for trial since clients voluntarily opt-in to the court in exchange for a diversion, plea, or deferred sentence. The Prosecutor also takes a defendant’s mental illness into consideration in filing decisions and when asking for sanctions.

Defendants are likely to be able to utilize the providers of their choice unless there are clinical reasons not to do so, such as the need for more intensive treatment than their chosen providers offer. Treatment plans take defendant, court monitor and treatment provider opinions into consideration. The final decision lies with the treatment provider and is approved by the court with the ultimate goal of addressing mental health issues in a way that will decrease the potential for future criminal behavior.

When making a referral to Mental Health Court first review the eligibility criteria, then contact the court at 206-205-5292 or email the court at Seattle.KCDC@kingcounty.gov. The court will review the case and arrange for a courtesy hearing if the defendant meets criteria.

The MHC is given priority status for accessing treatment services in the community. As a result of the King County Council’s funding reallocations for 2003-2004, the MHC has priority access to mental health treatment, housing, integrated co-occurring treatment, non-Medicaid treatment vouchers, and chemical dependency treatment.

Ideally, sanctions will fit the nature of the violation and be applied in a graduated fashion. Some of the options available are community service, increased probation contact, increased treatment contact, inpatient treatment, medication monitoring, court observation and as a last resort, jail time.

Our court can help. Email Betsy Bosch for assistance.

Connect to the King County Department of Community and Human Service to learn more about the Mental Health, Chemical Abuse and Dependency Services.

Our judge and attorneys have experience and training in mental health and chemical dependency issues. Our Probation Officers, Defense Social Worker, and Court Monitor have Master’s degrees in psychology or social work and have extensive experience working with mentally ill offenders. Our management staff have Bachelors and Masters degrees in Business and Psychology.

Each defendant will have a treatment plan that addresses their unique needs and community safety. The treatment plan could include mental health treatment, medications, inpatient or outpatient chemical dependency treatment, Alcoholics Anonymous or other self-help groups, domestic violence treatment, sex offender treatment or other specialized treatments as recommended.

All court proceedings are open to the public. Please contact Betsy Bosch at 206-296-3502 or email her at Betsy.Bosch@kingcounty.gov if you have a large group or would like to meet with any team members. We may not be available to speak with you during court but we could arrange to speak with you after court.