The Mental Health Alternatives Courts (MHAC) were created to help address this growing population of individuals with mental illness who are incarcerated. MHAC is based on a problem-solving court model and diverts eligible defendants with mental illness to specialized criminal court dockets. If admitted, participants voluntarily participate in a judicially supervised treatment plan. At regular review of progress hearings, conditions are reviewed for appropriateness, incentives are offered to reward compliance with court conditions and graduated sanctions and/or interventions are implemented for non-compliance.

MHAC consists of two programs, the Behavioral Health Court (BHC) and the Psychiatric Assertive Identification Referral (PAIR) program.

Behavioral Health Court (BHC)

Participants will participate in treatment and case management services for a minimum of twelve months and a maximum of three years.

Participants are required to attend court hearings, submit random drug screens twice a week, work with a recovery coach, participate in treatment, and attend case management appointments with their supervision officer while in the program.

As participants progress through the program, they are required to come to court less and must show progress on criminogenic issues such as work, education and move toward proc-social activities required for graduation.

Those who successfully complete the program avoid revocation and additional jail time or the specific disposition on the original plea.

Eligibility Requirements:

• Felony conviction that is a Level 3, Level 4, Class C/Level 5, and/or Class D/Level 6

• Mental health diagnosis

• Designated as moderate to high risk to re-offend using the Indiana Risk Assessment System (IRAS)

• Must be in violation or at risk of violation

• Sentence must be at least 365 actual days

• If less than 365 days left on the probation sentence, client would have to agree to extend

The following offenses are not eligible:

• Offenses under IC 35-42-4 (sex crimes)

• Offenses that resulted, by conviction, in serious bodily injury or death to another

• Offenses that are a Class A/Level 2 and a history of firearm violence convictions (exception: Carrying a Handgun Without a License)

Psychiatric Assertive Identification Referral Program (PAIR)

PAIR is a conditional deferment program where participants receive treatment and case management services for a minimum of twelve months.

Similar to BHC, participants are required to attend court hearings, submit random drug screens twice a week, participate in treatment, and attend case management appointments with their supervision officer.

Those who successfully complete the program earn a dismissal of all charges.

Eligibility Requirements:

• Felony conviction that is a Class C/Level 5 (with no criminal history), Class D/Level 6 and Class A, B, and C misdemeanors

• Mental health diagnosis

• Designated as moderate to high risk to re-offend using the Indiana Risk Assessment System (IRAS)

• Approval from Prosecutor and victim(s)

• Must be able to make a factual basis

The follow offenses are not eligible:

• Under IC 12-23-5-7 conditional deferment is prohibited when the offense involves death or serious bodily injury;

• The participant has a record of at least two forcible felony convictions;

• Other criminal proceedings, not arising out of the same incident, alleging the commission of a felony are pending;

• The participant is on probation or parole and does not have the consent of the appropriate probation or parole authority;

• The participant fails to meet additional eligibility requirements imposed by the court.

In addition to the statutory eligibility restrictions, the policy of the Prosecutor's Office prohibits the offering of conditional deferment in cases of drunk driving, charges involving a weapon, car chases, and in cases where the alleged victim is opposed to conditional deferment.

To make a referral or request more information please contact:

Lyndsay Connor

Phone: 317-327-7853

Email: Lyndsay.Connor@indy.gov