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Steps to Mental Health Probation

  1. Attorney prepares mental health probation addendum. Each addendum must include:
    • defendant's residence (even if it is The Shelter)
    • all agencies providing mental health and/or substance abuse treatment and contact information for the agencies (defendants must first be referred to and accepted for services by each agency)
    • at least two alternate contacts (typically the mental health case manager and the probation office to which the defendant will report)
    • any other mental health conditions (non mental health conditions should be outlined on the plea form and/or probation order only)
  2. Accepted/ approved mental health probation addendum must be reviewed and signed by the defendant and attorneys with consultation from the mental health coordinator as needed.
  3. At sentencing the presiding judge does the following:
    • announces that the defendant is being sentenced to a period of mental health probation
    • signs the addendum that has been signed by the attorneys and the defendant, and
    • announces that the signed addendum is to be routed to the appropriate probation office
  4. *On the plea form under "Other", there needs to be a reference that says "see attached Mental Health Probation Addendum".

  5. Attorneys must ensure all providers and the defendant receive a copy of the signed addendum.
  6. Mental health treatment providers then submit monthly reports to the mental health probation officer, to allow the probation officer to monitor compliance and process VOP reports if necessary.

* Defendants charged with sexual offenses, can not be placed on mental health probation. These defendants must be placed on the sexual offender probation. However, if mental health conditions are apart of their probation, the addendum should still be completed to accompany the order of probation.