CHAPTER 23A-50
MENTAL HEALTH PROCEDURES IN CRIMINAL JUSTICE
23A-50-1 Definitions.
23A-50-2 Repealed.
23A-50-3 Repealed.
23A-50-4 Repealed.
23A-50-5 Fund for assisting counties with cost of court-ordered competency evaluations of defendants.
23A-50-6 Appointment of mental health response teams--Confidentiality of records.
23A-50-7 Establishment of mental health response team processes.
23A-50-8 Repealed.
23A-50-9 Rules on team formation and procedures.
23A-50-10 Rules regarding procedures for court-appointed defense attorney training.
23A-50-11 List of services available through community mental health system.
23A-50-12 Repealed.
23A-50-13 Repealed.
23A-50-14 Repealed.
23A-50-1. Definitions.
Terms used in this chapter and § 23A-46-1 mean:
(1) "Mental health response team," a support team tasked with finding viable community resources to help persons with severe mental illness involved in the court system;
(2) "Psychiatric certification," a credential obtained by passing the psychiatric-mental health nursing board certification through the American Nurses Credentialing Center; and
(3) "Telehealth," a mode of delivering healthcare services that utilizes information and communication technologies to enable the diagnosis, consultation, treatment, education, care management, and self-management of patients at a distance from health care providers.
Source: SL 2017, ch 109, § 1; SL 2023, ch 79, § 2.
23A-50-5. Fund for assisting counties with cost of court-ordered competency evaluations of defendants.
The Association of County Commissioners, formed pursuant to § 7-7-28, may create and administer a fund for the purpose of assisting counties with the cost of competency evaluations for defendants for whom an evaluation has been ordered by the court. The Department of Social Services may contract with the association to reallocate funds used at the Human Services Center on contractual services for forensic evaluations to be administered through this fund. The fund may also receive and distribute money from any other source. The association board of directors shall provide procedures for the equitable distribution of money from this fund to the counties utilizing court-ordered competency evaluations and provide for the payment of an administrative fee and other reasonable expenses related to the administration of the fund. The association shall report to the Department of Social Services the amount distributed annually in total and by county and the number of competency evaluations completed with funds from the program. The liability of the association related to the administration of this fund shall be limited to the money as is available for such purposes in the fund.
Source: SL 2017, ch 109, § 15; SL 2023, ch 79, § 6.
23A-50-6. Appointment of mental health response teams--Confidentiality of records.
The presiding judge of each judicial circuit may appoint one or more mental health response teams. Each team appointed must include a court services officer for the jurisdiction where the team is to operate, a mental health provider, and a member of law enforcement, and may also include a representative that works with jail administration and one or more representatives from the public. The Unified Judicial System shall maintain a record of the membership of each team. The team may operate telephonically or through electronic communications.
The records prepared or maintained by the team are confidential. Notwithstanding, the records may be inspected by or disclosed to justices, judges, magistrates, and employees of the Unified Judicial System in the course of their duties or to any person specifically authorized by order of the court.
Source: SL 2017, ch 109, § 21; SL 2023, ch 79, § 7.
23A-50-7. Establishment of mental health response team processes.
The mental health response team may establish a process for identifying eligible persons through assessment; a documented process for referral to treatment; a team approach to the development and modification of individualized treatment plans and ongoing coordination to ensure plan effectiveness; a process for information sharing among the team members; and planning and coordination, including referrals for nonmental health services and resources.
Source: SL 2017, ch 109, § 22.
23A-50-9. Rules on team formation and procedures.
The Supreme Court may establish rules, pursuant to § 16-3-1, regarding formation of a mental health response team and the procedures to be followed by the team.
Source: SL 2017, ch 109, § 24.
23A-50-10. Rules regarding procedures for court-appointed defense attorney training.
The Supreme Court may establish rules, pursuant to § 16-3-1, regarding procedures for court-appointed defense attorney training on mental illness.
Source: SL 2017, ch 109, § 26, eff. July 1, 2018.
23A-50-11. List of services available through community mental health system.
The Department of Social Services shall annually compile a list of services available through the community mental health system and eligibility criteria for each service to distribute to judges, court services officers, and jails. The department shall coordinate with the Unified Judicial System and sheriffs to disseminate this information.
Source: SL 2017, ch 109, § 31.
