SKAMANIA COUNTY BEHAVORIAL HEALTH COURT ELIGIBILITY CRITERIA

The Behavioral Health Court (BHC) is an optional program.  It is not intended to serve every defendant with a mental illness nor is it intended to serve individuals who do not wish to participate. 

In order to be eligible, the defendant must:

A. Have an open criminal case within the jurisdiction of Skamania County, the City of Stevenson, or City of North Bonneville

• Current Charges and previous convictions must not be excluded by RCW 2.30.030(3), which includes serious violent or sec offenses, offenses involving firearms (intentional, threat of, or attempted discharge), vehicular homicide, and offenses alleging substantial or great bodily harm or death. 
• Petitioning for the program requires the consent of the prosecutor.

B. Be diagnosed with a mental health (MH) illness and or substance use disorder (SUD) as defined and recognized by the American Psychiatric Association Diagnostic and Statistical manual, 5th Edition (APA DSM V). The individual's primary diagnosis must be a diagnosis that has been clinically shown to respond positively to therapeutic interventions. The defendant must be evaluated by Skamania County Community Health of have had Skamania County Community Health review an evaluation or diagnosis from another licensed Behavioral Health Professional and make specific treatment recommendations. 

C. Not be determined a high risk to the community.

D. Have a nexus between their mental illness and behaviors resulting in the criminal charge(s) as determined by BHC staff (which shall include the Prosecuting Attorney, the District Court Judge, and Skamania County Community Health).

E. Be competent per RCW 10.77

F. Be suitable for participation in the program; factors relating to suitability include the defendant's (1) ability to benefit from treatment, (2) amenability to intense supervision, (3) motivation level and (4) therapeutic benefit of program participation.

The District Court Judge will make the ultimate decision whether to allow a petitioner to enter the BHC Court Program based on consideration of the above criteria, taking into account any input from the prosecutor, Skamania County Community Health and Skamania County Probation where formal probation is a condition of the petitioner's sentence or diversion.