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May 23, 2012
 
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Probate Court
 
Purpose
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78.6 % of all Mental Health Court Graduates have successfully avoided a subsequent arrest.

Mental Health Court

Our Mission
To provide for the rehabilitation and restoration of mental health to adult offenders of non-violent misdemeanors suffering from mental illness and/or co-occurring disorder of substance abuse.

CONTACTS
Amy W. McCulloch
Richland County Judge of Probate
Mental Health Court Judge
803-576-1997
Jacqueline D. Belton
Associate Judge of Probate
Mental Health Court Judge
803-576-1997
Nancy M. Moody
Associate Judge of Probate
Mental Health Court Judge
803-576-1965
Leslie Allen
Mental Health Court Coordinator
mhccoordinator@rcgov.us
803-576-1964
INTRODUCTION
 
Richland County Mental Health Court is a voluntary court diversion grant program originally funded by the Bureau of Justice Assistance and Richland County. The Probate Court of Richland County administers the Mental Health Court. The Bureau of Justice Assistance approved the grant in May 2003. The Administrative Order establishing the Richland County Mental Health Court was signed by Jean H Toal, Chief Justice, SC Supreme Court on June 26, 2003 and modified on November 21, 2005.

The Mental Health Court began accepting referrals from the Magistrate Courts on August 22, 2003 and from General Sessions Court on October 1, 2004.

The Richland County Mental Health Court seeks to address the inappropriate involvement of mentally ill individuals with or without substance abuse in the criminal justice system, charged with misdemeanor and/or non-violent felony offenses, resulting mainly from untreated symptoms of psychiatric and co-occurring disorders. Treatment is obtained for the individuals through collaboration among the judicial, mental health, and substance abuse systems. Judicial oversight insures follow through.

  • Have an identifiable mental illness with or without a co-occurring disorder of substance abuse
  • Able to understand the terms / conditions of the program
  • Committed a misdemeanor and/or non-violent felony offense
  • Reside in Richland County
  • Have no pending cases to prevent completing the program
  • Sign a release of information
Defendants for referral are identified at the time of arrest, at the bond hearing, or at the trial. Referrals are accepted from the public, law enforcement, bond court judges, trial judges, solicitors, attorneys, and mental health professionals.
General Sessions referral form.
Magistrate referral form.
Referral information.

Clinical assessments are performed by mental health professionals to identify defendants with mental illness.

Upon meeting eligibility criteria and acceptance into Mental Health Court, jurisdiction of the charges is transferred by the court system to Mental Health Court. The transferring court accepts a guilty plea and issues a conditional discharge for the offenses. Successful completion of Mental Health Court will result in a dismissal of the charges.

The participant from magistrate court agrees to a minimum of three (3) to a discretionary maximum by the Mental Health Court, depending on the offense and individual progress. The participant from General Sessions court agrees to a minimum of twelve (12) months to a maximum of time equal to the length of sentence or probation imposed.

Intensive case management and supervision is provided to the participant based on an individualized treatment plan developed for that individual. As treatment progresses, the participant will move to more traditional mental health services.

Participants who opt out of the program or who are unsuccessful in completion will be referred back to the original court for adjudication.
  • Criminal Domestic Violence (CDV) charges
  • Driving under the Influence (DUI) charges
  • Fraudulent checks
  • Lewd Act on a Minor charges
  • Victim consent has not been obtained when required by Administrative Order
  • Individuals subject to a restraining order or an order of protection
  • Individuals previously convicted of violent offense as defined by statute to include stalking and harassment
  • Individuals on probation / parole for a violent offense as defined by statute to include stalking and harassment
List of violent crimes.

  • To decrease reoccurring arrests
  • To decrease length of jail stay
  • To increase access, coordination, cooperation and consistency of mental health / substance abuse services
  • To increase accountability for the offender
  • To address public safety issues
Mental Health Court hearings are held on Tuesdays at the Richland County Judicial Center, 1701 Main St, Columbia, S.C. in Courtroom 2-F. Review hearings can be held at the mental health treatment facilities to reduce the amount of travel for the participant.

A Graduation Ceremony is held several times each year once participants have successfully completed the requirements of Mental Health Court.
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