Treatment and Support Court (TASC)

TASC is a specialty court to improve functioning of individuals with a serious mental illness (SMI) who because of their mental illness have come into contact with the criminal justice system.

Defendants with a past or current CSC, violent crime causing death or serious bodily harm by statute, may not be eligible for participation. TASC is appropriate for the following defendants:

1. HIGH RISK OF RE-OFFENDING. If mental health and co-occurring substance use disorder needs are not met, the individual will likely remain in the court system.
2. LOW RISK OF DANGER/HARM to themselves, others, or the community.
3. HIGH MENTAL HEALTH NEEDS. Individual has a diagnosed Serious Mental Illness. Defendants who have a co-occurring Substance Use Disorder (SUD) are also appropriate for consideration.

Target Population

Eligibility criteria addresses public safety and a community's treatment capacity, in addition to the availability of alternatives to pretrial detention for defendants with mental illnesses, and that take into account the relationship between mental illness and the defendant's offenses, while allowing the individual circumstances of each case be considered. The candidate must meet both legal and clinical eligibility.

TASC is a Circuit Court and only considers candidates with felony charges. Problem Solving Courts are an effective intervention for candidates who pose with a HIGH RISK to reoffend, be unsafe in the community, or be unsuccessful with regular probation due to their mental illness and substance use disorder. In addition, they must have High Need for intensive and ongoing services and supports to stabilize their mental illness and recovery from substances.

Legal Eligibility

The prosecutor's office will review all referrals to TASC to assure that the candidate is not being charged with an offense specifically not allowed by MI legislature under MCL.600.1093. The prosecutor will not preclude any type of offense unless the charge is specifically not allowed.

A VIOLENT OFFENDER, without the consent from (all 3) the presiding Judge, Prosecutor, and in consultation with any known victim in the instant case, a candidate must not be admitted into mental health court.

STATUTORILY INELIGIBLE As of 8/20/24, an offender charged with first degree murder, criminal sexual conduct in the 1 st , 2 nd , or 3 rd degree and/or child sexually abusive activity must not participate in a mental health court.

OFFENDERS ON PAROLE ARE NOT ELIGIBLE FOR TASC PARTICIPATION

Clinical Eligibility

SERIOUS MENTAL ILLNESS (SMI): Candidate has diagnosed mental illness that is persistent, chronic, disabling, and requires ongoing treatment to improve a person's ability to function. A person's illness may be too acute to be safely supported in a community setting and denied participation. There should be a connection between someone's mental illness and the current criminal incident.

CO-OCCURRING MENTAL ILLNESS AND SUBSTANCE USE DISORDER: Candidate who may not meet SMI criteria but has a mental illness that has a moderate impact on their functioning who also has a substance use disorder. In combination the candidate's ability to function is seriously impacted. Again, there should be a connection between the charge and their disorders.

Additional Considerations That Impact Acceptance

No candidate has the right to participate in a mental health court. The court has discretion based on the candidates legal and clinical eligibility. In addition to meeting legal and clinical criteria the team will take a historical perspective on the candidate's engagement in the mental health, substance abuse, and criminal histories. Examples (not exclusive) for denial when a candidate meets legal and clinical criteria:

• Other pending charges, active bench warrants, fugitive status, and a history of non-compliance to the court.
• Candidates that pose a risk to the safety of others, their own, or community. This might include a candidate with a history of assaultive behavior.
• The candidate is faced with barriers that would impact their ability to receive mental health or SUD treatment and follow the court's orders. Examples include lack of transportation to attend court reviews, drug test, and attend treatment. Although less common, medical issues can prevent a candidate from the mobility needed to engage in court requirements and treatment or, their medical appointments and hospitalizations are so frequent and significant they would not be available for participation.
• The candidate has complex needs that impair their ability to engage in a behavior modification model. Examples of this may be a moderate to severe cognitive impairment, a brain injury, a diagnosis on the autism spectrum, or any of these alongside serious mental illness or substance abuse.
• The acuity of a person's mental illness. Some candidates are unfortunately too ill to be supervised in the community.
• Treatment compliance and compliance to AOT
• The needs of the candidate cannot be met in the community.

What if candidates meet criteria but prosecution objects to a participant's participation?

The Judge will engage the team to discuss the Prosecutor concerns. Additional information, if available, will be considered during this discussion. The Judge will either deny the candidates participation or request additional information and dialog among the team.

Upon denial, can the case be challenged and the case reconsidered?

Yes, cases have been reconsidered with a favorable outcome.

• The referring party can submit a Motion for Reconsideration to Judge Rossi within 2 weeks of receiving the notice of denial. The motion should provide additional information that supports the candidate's ability to participate without the concerns for objection.
• The Judge makes the final decision on the candidate’s participation.

Length of Program

TASC can be completed in as few as 15.5 months but the pace is set by the participant.

Requirements of TASC Participants

Please see handbook for more detail and additional rules.

TREATMENT

You must follow the treatment plan developed by the psychiatrist and behavioural health team. This means that while you are in TASC you must:

• Take all medications as prescribed.
• Attend and participate in all treatment sessions including counselling and group sessions (if assigned).
• Submit to mental health, neurological, substance use assessments as requested to guide treatment.
• Attend Recovery Meetings if ordered by the Judge.

ABSTAIN FROM ALCOHOL AND SUBSTANCES

• Refrain from using any medications, including over-the-counter medications, that have not been prescribed for you. Any medications that you take, including over-the-counter medications, must first be approved by the treatment team.
• Abstain from alcohol and illegal substances including marijuana. Medical Marijuana must be approved, in advance, by the Judge to exempt you from sanctions for using marijuana with a medical marijuana card. The marijuana must be authorized by the doctor monitoring your MI qualifying medical condition.
• To begin you will undergo random drug testing three time a week to begin. This may be reduced depending on substance use history and demonstrated abstinence (by negative drug tests) from substances.

COURT HEARINGS

You must initially come to court once a week to report to the judge. This will decrease to once every other week, and then once per month, depending on multiple factors including whether your mental health has been stable and if you've been compliant with court orders.

CONDITIONS OF SUPERVISION

You must follow standard (same as in regular probation- not unique to TASC) bond and probation conditions, which include not using alcohol or any illegal drugs and no substances or weapons in the home. Probation officers must approve where you live and you must agree to allow them to search the premises without a warrant.

COMPLETION OF SUPPORT AND TREATMENT GROUPS

Wellness and Recovery, Cognitive Behavior Therapy (CBT), and Seeking Safety are groups that must be completed as a condition of successful completion of TASC.

Drug Labs

Treatment and Support Court (TASC) From a Peer’s Perspective

• What is TASC?
  • TASC was designed to assist felony defendants who are living with mental illness and substance abuse problems. As a mental health court, TASC is designed to provide extra support and improve participants’ chance of success.
  • The program can be completed in 15.5 months but can take up to 36 months depending on each individual’s progress.
  • TASC takes a team-based approach. We are led by the Honorable Judge Joseph Rossi and composed of a Court Coordinator, two Clinical Liaisons, a Prosecutor, a Defense Attorney, a Probation Officer, a Recovery Coach, Circuit Court personnel, and a network of treatment providers.
• So, what does this mean for you?
  • We are approaching things with a different mindset and are designed to assist participants in navigating the legal and recovery processes.
  • With that in mind, TASC is not a ‘get-out-of-jail-free’ card. It takes effort on the part of the participant to engage in the treatment best suited to them as approved by the team. You will drug test multiple times a week, be required to show up to court twice a month and meet with your probation officer as well as meeting the goals set in your phase plan.
• How do you apply to join?
  • The route most participants take is speaking with their attorney and have their attorney send a referral to the TASC team. However, anybody can do the referral from a family member to the judge. You can even self-refer by getting the referral form from Court Services or by contacting Teri using the information listed at the bottom of the page
  • Once initiated, there is a process that then ensues. You will be vetted to make sure you meet legal eligibility (there are certain restrictions) and then once that occurs a clinical liaison will meet with you to conduct a mental health screen. After that, assuming all the criteria have been met, the TASC team will meet and discuss all pending participants to ensure the individual is appropriate for the program. Then, you will be notified of the decision. If accepted, a Clinical Liaison will meet with you again to have you sign a Participation Agreement and then your participation in Treatment and Support Court will begin.
  • The prosecutor’s office will also reach out to your defense attorney to offer you a plea deal, which varies from person to person.
• What is the significance of the plea deal?
  • A plea deal is an agreement between a prosecutor and a defendant where the defendant agrees to plead guilty in exchange for a “concession” from the prosecutor. This could mean some of your charges being dropped or reduced to lesser charge or a reduction in the length of the sentence. To be admitted into TASC, you must plead guilty.
  • Make sure that you discuss all your options with your attorney prior to accepting the plea deal and pleading guilty. We want to ensure that you make a well-informed decision as participation in TASC is voluntary. However, once you join, you will be required meet the expectations of the program, which will be explained in greater detail further down. With TASC, you will be participating in the program prior to the court hearings where you formally accept the plea and then sentencing.
  • At sentencing, after the judge explains your rights and you make the guilty plea, the sentence will then be temporarily suspended contingent on the completion of the requirements of the program. This means you will be permitted to live in the community as long as you participate appropriately in TASC.
  • If you decide not to accept the plea bargain at this point, your case will return to regular court and you will be sent back to your original judge.
• What happens if participants don’t follow these requirements?
  • There is a system of incentives and sanctions in place. Incentives are given when you are displaying progress and participating in the program. These can range from a box of candy to a gift card. Sanctions are utilized when you are failing to comply with the requirements of TASC. This can vary from a verbal reprimand from the judge to jail time, depending on the severity of the infraction. Repeated failure to adhere to TASC requirements will result in termination from the program.
  • In the beginning especially, we know all of this can feel very overwhelming and the team will work with you to identify barriers and develop solutions on how to best overcome these barriers. We are willing to listen to your concerns and make adjustments if appropriate and able to do so.
• What if a participant changes his/her mind?
  • If a participant decides they no longer wish to participate in Treatment and Support Court, they will be encouraged to consult with their attorney. If a participant wishes to withdraw from the program after weighing out the pros and cons, they are free to do so. In TASC, a participant is then removed from mental health court and sent back to the original judge. The time in TASC does not count as any kind of credit nor will it count against you for failing to complete the program.
• What are the benefits of mental health court?
  • TASC is a treatment court. Treatment is required. The goal is to increase mental health and overall wellbeing, so that future involvement with law-enforcement is reduced.
  • The mental health court team will help you to access supportive services for which you qualify. This includes applying for disability benefits, general assistance, vocational rehabilitation services, and housing (housing is not guaranteed however).
  • TASC understands that relapse with substances might occur. The team will work with you to support your sobriety. Jail is a last resort. The end goal is to reduce jail sentences and lower the risk of reoffending.
  • A plea is offered by the prosecutor’s office and dependent upon the successful completion of TASC. A plea might include a reduction or dismissal of charges and/or an opportunity to serve your sentence in the community instead of jail or prison.