Defendants may be eligible for the MHC if they have an active misdemeanor or felony case and are diagnosed with a mental health, substance use, or IDD disorder. If there is a felony case pending, this is something that would need to be discussed and negotiated between the prosecution and legal counsel and agreed upon. Eligibility criteria is:

• Hays County Resident (case by case basis if out of county)
• 17 Years of Age or Older
• Diagnosed with a Mental Health Disorder such as Schizophrenia, Schizoaffective Disorder, Major Depressive Disorder, Generalized Anxiety Disorder, Post-Traumatic Stress Disorder. Substance use disorders and intellectual and developmental disabilities are also diagnoses that are considered for Mental Health Court.
• Misdemeanor Offense(s) or Felony Offense(s)
• Link between the mental health/substance use/IDD disorder and the current offense o Assaultive offenses will be considered on a case-by-case basis o No past or current charge of a sex offense
• No substantial history of violent offenses
• Competent
• Pre- or Post-Adjudication 

Mental Health Court accepts referrals from all sources, judges, defense attorneys, probation officers, the jail, treatment providers or family members. MHC requires an Attorney Permission form be submitted (see exhibit A). Once the document is submitted to MHC staff, a pre-screening of defendant’s offense history will be completed. Defendant will be contacted to schedule a screening appointment with MHC Staff. If someone other than the defendant’s attorney is referring to the MHC, staff will contact the defendant’s attorney to request permission to schedule a screening and explain program requirements.