Mental Health Court
Mission
The mission of Twenty – Second Judicial Circuit Mental Health Court is to enhance public safety and promote self-sufficiency of court involved individuals engaged in recovery for mental illness, sometimes with a cooccurring substance use disorder, through intensive Judicial supervision and community-based treatment and support services.
The Twenty-Second Judicial Circuit Mental Health Court (MHC) Program officially convened in April of 2007 with Hon. Charles P. Weech as the presiding Judge. The MHC is a voluntary program designed to serve nonviolent criminal defendants who are struggling with mental illness and currently involved in the criminal justice system of McHenry County. In lieu of traditional punishment, the MHC diverts defendants away from the traditional criminal justice system by offering alternative court, intensive judicial/community supervision, and treatment. Upon acceptance into the program each defendant shall appear in court on a regular basis, meet with the MHC team members, including a mental health professional, nurse, and probation officer, and follow the recommended treatment plan developed for that defendant. The MHC team members conduct home, community, and office visits to monitor compliance with the treatment/service plan and provide progress reports to the court.
Involvement in the MHC can last anywhere from 18-30 months depending on the defendant’s level of stabilization, progress, and compliance. In return for the commitment and hard work, not only do the defendants gain access to mental health treatment services and support which can be life changing, successful completion of the program often results in case dismissal or a reduction of charges. In the event of complete non-compliance or the participant chooses to withdraw from the MHC, the traditional court process will resume.
Court Model
Pre-Plea/Pre-Adjudication
Target Population
The Mental Health Court’s target population is Moderate to High Risk/High Needs offenders who reside in McHenry County, Illinois, who have a current nonviolent misdemeanor or felony offense that appears to have been driven by a DSM-5 primary mental health diagnosis.
Court Status Hearings
Mental Health Court proceedings take place on Fridays at 2:00 pm in Courtroom 203. Defense Attorneys are expected to arrive 15 minutes early for staffing.
Eligibility Criteria
As stated in (730 ILCS 168/20) The Mental Health Court Treatment Act:
Section 20 Eligibility
(a) A defendant may be admitted into a mental health court program only upon the consent of the defendant and with the approval of the court. A defendant agrees to be admitted when a written consent to participate is provided to the court in open court and the defendant acknowledges an understanding of its contents.
(b) A defendant shall be excluded from a mental health court program if any one of the following applies:
(1) The crime is a crime of violence as set forth in clause (3) of this subsection (b).
(2) The defendant does not demonstrate a willingness to participate in a treatment program.
(3) The defendant has been convicted of a crime of violence within the past 5 years excluding incarceration time, parole, and periods of mandatory supervised release. As used in this paragraph (3), “crime of violence” means: first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, aggravated criminal sexual abuse by a person in a position of trust or authority over a child, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, or any offense involving the discharge of a firearm.
(c) Notwithstanding subsection (a), the defendant may be admitted into a mental health court program only upon the agreement of the prosecutor if the defendant is charged with a Class 2 or greater felony violation of:
(1) Section 401, 401.1, 405, or 405.2 of the Illinois Controlled Substances Act;
(2) Section 5, 5.1, or 5.2 of the Cannabis Control Act; or
(3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or 65 of the Methamphetamine Control and Community Protection Act.
The MHC Team will act in accordance with the above referenced Mental Health Court Treatment Act to determine eligibility of McHenry County Mental Health Court referrals.
In addition, the following criteria must be met for a referral to be accepted for placement in the Mental Health Court program:
- Must be a McHenry County resident.
- Must be 18 years old or older at the time of their initial screening.
- Must have a diagnosis of serious and persistent mental illness.
- Moderate to High Risk/High Need Defendant as determined by the Adult Risk Assessment (ARA).
The following circumstances may also impact eligibility to participate in MHC:
- Other pending felony charge(s).
- The crime for which the defendant has been convicted is non-probationable.
- If the offense involves a crime against the person, victim consultation may impact eligibility.
- There is a hold from any other jurisdiction.
- DUI offenses are not eligible for Mental Health Court but may be considered for the DUI Court Program if eligibility guidelines are met.
Mental Health Court Referral Forms – It is the policy of the Twenty Second Judicial Circuit Mental Health Court Program that referrals are made directly to the MHC Coordinator.
Mental Health Court Participant Handbook – It is suggested that Defense Attorneys review the Participant Handbook with their client before making a referral. This will facilitate the informed consent process.
For additional information or to make a referral to the Mental Health Court program, please call 815-334-4502, or email specialtycourtreferrals@22ndcircuit.illinoiscourts.gov.
The MHC would not be possible without the McHenry County Board, Twenty-Second Judicial Circuit Office of Court Administration, McHenry County Court and Probation Services, McHenry County Mental Health Board, McHenry County Department of Health, McHenry County State’s Attorney’s Office, McHenry County Public Defender’s Office, McHenry County Sheriff’s Office, and various community based mental health service providers.