McHenry County Mental Health Court

22nd Judicial Circuit

The McHenry County Mental Health Court (MHC) Program officially convened in April of 2007 with Hon. Charles P. Weech as the presiding Judge.  The MHC is a voluntary program designed to serve nonviolent criminal defendants who are struggling with mental illness and currently involved in the criminal justice system of McHenry County.  In lieu of traditional punishment, the MHC diverts defendants away from the traditional criminal justice system by offering alternative court, intensive judicial/community supervision and treatment.  Upon acceptance into the program each defendant shall appear in court on a regular basis, meet with the MHC team members consisting of a mental health professional, nurse and probation officer as scheduled, and follow the recommended treatment plan developed with a community treatment provider.  The MHC team members conduct home, community and office visits to monitor compliance with the treatment/service plan and provide progress reports to the court.  Defendants advance through the program by increasing duration between court appearances and meetings with the MHC team.

Involvement in the MHC can last anywhere from 12-24 months depending on the defendant’s level of stabilization, progress and compliance.  In return for the commitment and hard work, not only do the defendants gain access to mental health treatment services and support which can be life changing events, successful completion of the program often results in case dismissal or a reduction of charges.  In the event of complete non-compliance or the participant chooses to withdraw from the MHC, the traditional court process will resume.

The goal of the MHC program is to enhance public safety and reduce recidivism by offering treatment focused alternatives to incarceration/traditional adjudication through collaborations with community mental health treatment and ancillary services.

Court Model

The McHenry County mental Health Court has been created in accordance with the policies and procedures set forth in the Illinois Mental Health Court Treatment Act, 730 ILCS 168/1 et seq.

This is a Pre‑adjudicatory mental health court program, which means a program that allows the defendant, with the consent of the prosecution, to expedite the defendant's criminal case before conviction or before filing of a criminal case and requires successful completion of the mental health court program as part of the agreement.

Target Population

The McHenry County Mental Health Court Program’s target population is Moderate to High Risk/High Needs offenders who reside in McHenry County, Illinois, who have a current nonviolent misdemeanor or felony offense that appears to have been driven by a DSM-IV-TR primary mental health diagnosis.

Court Status Hearings

Mental Health Court proceedings take place on the first and third Friday of every month at 1:00 pm in Courtroom 301.  Defense Attorneys are expected to arrive 15 minutes early for staffing.

Eligibility Criteria

Statutory Eligibility - (730 ILCS 168/20) Mental Health Court Treatment Act:

a)   A defendant may be admitted into a mental health court program only upon the agreement of the prosecutor and the defendant and with the approval of the court.

b)  A defendant shall be excluded from a mental health court program if any one of the following applies:

1.   The crime is a crime of violence as set forth in clause (3) of this subsection (b).

2.   The defendant does not demonstrate a willingness to participate in a treatment program.

3.   The defendant has been convicted of a crime of violence within the past 10 years excluding incarceration time, specifically first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, armed robbery, aggravated arson, arson, aggravated kidnapping, kidnapping, stalking, aggravated  stalking, or any offense involving the discharge of a firearm.

4.   The defendant has previously completed or has been discharged from a mental health court program within 3 years of completion or discharge.

*Additional Eligibility Criteria

§  A referral involving a crime that is listed in 730 ILCS 168/20 (b) 3 is excluded from eligibility.

§  Must be a McHenry County resident.

§  Must be 17 years old or older at the time of their initial screening.

§  Must have a DSM-IV-TR Axis I Primary Mental Health Diagnosis.

§  Moderate to Maximum Risk/Need Defendant as determined by the LSI – R.

*DUI Charges are ineligible

For additional information or to make a referral to the Mental Health Court program, please contact Scott A. Block at 815-334-4913 or sablock@co.mchenry.il.us

Link: Referral Forms - It is the policy of the McHenry County Mental Health Court Program that referrals are made directly to the MHC Coordinator.  The referral packet shall be completed in full by the defendant and/or the individual making the referral prior to MHC consideration.

Link: Participant Handbook: It is suggested that Defense Attorneys review the Participant Handbook with their client before making a referral.  This will facilitate the informed consent process.