A new approach to dealing with some of the people who find themselves in trouble with the law is on the way.

The Dunkirk City Mental Health Court is anticipated to start Dec. 4 and is looking to have the same type of positive effect on individuals it deals with as does the current drug court run by City Court Judge Walter Drag.

A meeting was held recently for the participating agencies in the program and interested members of the public. The DCMHC mission statement explains what the court will entail: "Improve public safety, court operations, and the well-being of people with mental illness by linking defendants whose mental illness is related to their current criminal justice involvement to Court supervised, community based treatment when such participation in the DCMHC will not create an increased risk to the public."

Judge Drag was the host for the gathering and explained what the participants have tried to accomplish.

"To try to pull together a protocol or practice of how to bring a union of criminal justice service agencies, primarily the court, the DA, probation, ... with treatment from the various mental health agencies, bring the two together to focus on the needs of people who are before the criminal justice system who have a mental health need, a mental health diagnosis," Drag said. "We're trying to model it under the therapeutic justice protocol, that we merge treatment and criminal justice, monitor people and provide them with the wherewithal and we'll end up with people who will address their issues and lead a more law-abiding life."

State training in Syracuse has already been done and monthly meetings have been held since March.

Entry into the DCMHC is voluntary but after entry a defendant must comply with the contract and established protocols. There are five criteria to be met to get into the program.

A defendant must be 18 years of age at the time of plea entry and signing the contract; be a resident of Chautauqua County and agree to reside in the county while in the DCMHC program; have an Axis I psychiatric diagnosis per DSM-IV criteria; have a pending misdemeanor, felony and/or violation of probation charge within the county the defendant is willing to plead guilty to and be legally competent. In this program that means the client must understand the nature of the charges faced; be able to assist counsel; and have an understanding of the legal effect of a plea and the consequences of entering into the DCMHC contract.

According to the draft protocol, the DCMHC team, on a case-by-case basis, may consider a defendant for entry if the defendant has a diagnosis of mental retardation/developmental disability if the defendant is able to function at a level that allows them to fully comprehend and comply with the contract and protocols.

Referrals are a key entryway into the program and participants can be referred to the DCMHC any time that their criminal matter is still pending prior to a plea. Referrals will be made to the DCMHC Resource Coordinator, LeeAnn Lazarony, and can come from the defendant or his/her counsel, the prosecutor, court, police, probation officer or a family member of the participant. An initial screen will be done if the participant and attorney agree in writing.

If a person is initially determined to be eligible it is not a guarantee of admittance. After the person's attorney and the district attorney's office is notified a psychiatric evaluation will be done if the person is still interested. If the defendant is eligible the case will be sent to the district attorney for approval of admission and a proposed plea arrangement.

There are factors that shall exclude otherwise eligible defendants from participation in the DCMHC.

Among these is a history of violence that includes conviction and/or adjudication for a violent felony and designation/registration as a sexual offender, regardless of class. Prior conviction/adjudication for criminal possession of a weapon, arson or attempted arson and criminal sale of any type of controlled substance are disqualifiers along with any pending federal criminal or immigration charge, or being an illegal alien.

In addition, any other pending criminal violation and/or offense including violation of probation which is not brought into DCMHC and any current term of probation or parole in any federal and/or state court other than on the charge to which the defendant is pleading are disqualifiers. Also, any active member of the U.S. military is disqualified although they may be allowed on a case-by-case basis, according to the proposed protocol.

If the defendant is still eligible, the plea proposal will be settled, including which charges will be plead to; which will be dismissed; if the defendant is successful will any charges be reduced; what the proposed sentence will be per charge if the defendant is successful and what the proposed sentence will be per charge if the defendant is unsuccessful in completing the program.

The proposal will be reviewed by the defendant and attorney with the attorney allowed to negotiate directly with the district attorney's office with any modification being sent in writing to the resource coordinator and the defense attorney. If the defendant and attorney agree with the proposal the case will be scheduled for a team meeting and final review.

After a treatment plan is established by the mental health agency involved it is filed with the resource coordinator within 30 days and is reviewed each 90 days. Any revisions are to be filed with Lazarony who will also get a weekly provider progress report on the business day preceding the DCMHC calendar call.

Immediate notification of a defendant's noncompliance will be sent to Lazarony. This includes the defendant having unexcused absences from appointments; failing to comply with the treatment provider's instructions; positive testing for alcohol or any non-prescribed drug; violating any court order; a re-arrest; failing to take prescribed medication; unruly, disruptive and/or violent tumultuous or threatening behavior even if no arrest results; getting discharged from treatment; violating any of the behavior contract and loss of competency.

Upon notification of noncompliance Lazarony will notify Drag and the defendant may have to appear before the judge, via a bench warrant if necessary.

Graduation requirements are straightforward for the participants. They must be in full compliance with their treatment programs and medication regimen; have stable housing; be leading a lawful life with no pending arrests; be employed at an occupation consistent with their skills, knowledge and ability, or be enrolled in a vocational or educational program leading to employment, or be exempt due to medical conditions. Compliance with any existing court orders including probation, Family Court orders and conditional discharges from any court is also required.

A 12-month time frame for completion of the program is the ideal but the actual duration will be affected by the defendant's progress and the severity of his/her problems. Failing to stay in or complete the program will land defendants back in front of the judge who will determine whether they get a second chance or serve the agreed-upon sentence.

Confidentiality safeguards are in place throughout the process and includes all participating agencies, their employees and any attorneys involved.

In addition to the judge, resource coordinator, chief court clerk, an officer from the Dunkirk Police Department and the district attorney, other agencies expected to be involved in the program include probation, county Mental Health Clinic, Summit Community Service, Mental Health Association, Tri-County Health Network, Southern Tier Environmental Living and a Section 18-b assigned attorney.

With the key component of the treatment court being judicial involvement, supervision and oversight of the defendants and treatment team, the judge is crucial to the success of the program.

As the meeting drew to a close Drag was asked who would fund the program.

"The Office of Court Administration," Drag said. "At least that's our activities. ... All the court operations are state funded."

Other agencies may be paid by private insurances and Medicaid while the county picks up the tab for probation and district attorney expenses.

"There is no money, it is just one additional thing that we feel it is appropriate to address," Drag said.

County Legislator Robert Duff was present in his role as the vice chairman of the legislature's Public Safety Committee.

"It's a real honor for me to sit here and see you folks that are willing to spend the time because there but by the grace of God go a lot of us that are sitting in this room," Duff said. "I'm very proud of what's been done. I've been an advocate for drug court and I will be an advocate for Mental Health Court. I think it's excellent."

Cases will initially originate from Dunkirk City Court with the Chautauqua County Court adding to the mix within six month if all goes as planned. After the DCMHC is operational for a year it is expected the district attorney will move in County Court to transfer cases from town and village justice courts to Dunkirk City Court.

Comments on this article may be sent to gsnyder@observertoday.com