MENTAL HEALTH DIVERSION PILOT PROGRAM

Washington County Mental Health Diversion Pilot Program (MHDPP) is a specialty court program for select non-violent offenders who are charged with a qualifying misdemeanor crime where mental illness is a significant factor in their criminal behavior.  This program is a collaborative effort by the court, DA’s Office, the defense bar, community corrections, sheriff’s office, Washington County Adult and Mental Health Services, and various mental health specialists.  Due to limited resources, this program is a pilot program, and enrollment may be limited.

MHDPP is conducted under the legal authority of SB 218 (2021).[1] Participants appear on the Mental Health Court (MHC) docket; are supervised by the probation department, and are required to comply with all conditions of probation including enrollment in appropriate mental health treatment. Upon successful completion of MHDPP, the criminal case is dismissed. 

To apply for entry into this program, click here.

Eligible Crimes

  • Criminal Mischief 2 and 3 and Criminal Trespass 1 and 2
  • Disorderly Conduct 1 and 2
  • Interfering with Public Transportation
  • Theft 2 and 3 and Theft of Services (misdemeanor)
  • Improper Use of 911
  • Interfering with a Peace Officer
  • Other misdemeanor crimes as approved by DA's Office

Requirements

  • Joint agreement by the court, defendant and district attorney;
  • Diagnosis of a serious and persistent mental illness (traumatic brain injury, developmental delay, or intellectual disability will be evaluated on a case-by-case basis);
  • Nexus between mental health and criminal behavior in underlying case;
  • No prior participation in civil compromise, diversion, conditional postponement, or other similar programs;
  • Participants must agree to all conditions in Washington County Mental Health Diversion Pilot Program Entry Petition and Probation Agreement;
  • Probation department will supervise for a minimum period of 12 months, unless otherwise jointly agreed by the court, defendant, and district attorney
  • Participants must enroll in appropriate mental health treatment and comply with other conditions as required by the court and probation department.

 

[1] This bill was proposed by the Oregon District Attorney’s Association to allow for greater use of specialty courts and expands the type of charges eligible for conditional discharge upon successful completion of a specialty court program.