Mental Health Courts

Mental Health Courts are specialty court sessions which address the behavioral health and social support needs of adults with mental illness 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.

Mental Health Court sessions include a court-imposed condition of probation for defendants who have serious mental illness or co-occurring mental health and substance use disorders. The sessions provide an alternative to incarceration through case management, and by linking to community-based services combined with intensive probation supervision.

Mental Health Court operations are overseen by a multidisciplinary team of professionals, led by a judge, 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.

Participation and Mental Health Court locations

Probationers must participate in community-based treatment for a minimum of three months along with regular reviews by the specialty court team. Participation in the Mental Health Court is for people placed on pre-trial probation or post-disposition probation, and who have serious mental health issues or co-occurring mental health and alcohol/substance use disorders.

Working with a mental health clinician, the probation officer assigned to the mental health session identifies the particular mental health and social needs of each participant. The treatment provider creates a service plan which includes referrals to mental health treatment, substance abuse treatment when appropriate, as well as housing, educational and employment opportunities.

Massachusetts has 17 Mental Health Courts.

If you have a case in a court that does not host a recovery court, you may be able to have your case transferred to a Mental Health Court session. Please speak with your defense attorney and/or your probation officer.

There are 3 Mental Health Courts within the Boston Municipal Court Department:

And there are 14 within the District Court Department:

If you have a case and want to discuss whether a mental health court is a good option for you, please speak with your defense attorney and/or your probation officer. The Specialty Courts Department does not manage admission to specialty courts—that is handled at the local court. For general questions, contact specialty.courts@jud.state.ma.us.

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