Mental Health Courts

Mental Health Courts are a type of specialty court treatment program that connects defendants with long-term community-based treatment. The courts use assessments, individualized treatment plans, and judicial monitoring to address both the mental health needs of individuals and public safety concerns of the local community. JCMH assists counties with creating, expanding, and improving local mental health courts and dockets. Assistance includes guidance, training, grant opportunities and connections with mentor courts. 

Texas Mental Health Courts

Texas Government Code Chapter 125 sets out the statutorily required characteristics for Mental Health Court Programs as:

1. The integration of mental illness treatment services and mental retardation services in the processing of cases in the judicial system;
2. The use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
3. Early identification and prompt placement of eligible participants in the program;
4. Access to mental illness treatment services and mental retardation services;
5. Ongoing judicial interaction with program participants;
6. Diversion of potentially mentally ill or mentally retarded defendants to needed services as an alternative to subjecting those defendants to the criminal justice system;
7. Monitoring and evaluation of program goals and effectiveness;
8. Continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
9. Development of partnerships with public agencies and community organizations, including local mental retardation authorities.

While Texas has about 235 identified specialty courts, there are only about 23 counties with a recognized mental health court program (some counties have more than one program) per the active court list provided by the Office of Court Administration (as of February 23, 2023). Some court programs (or special dockets) may not be recognized as a Mental Health Court due to program's failure to meet the statutory requirements or failure to register the court with OCA. 

Office of Court Administration (OCA)

Specialty court programs (including Mental Health Courts) should be registered with the Office of Court Administration. Under section 121.002 of the Texas Government Code, registration includes: 

• written notice of the program
• any resolution or other official declaration under which the program was established
• copy of the applicable community justice plan that incorporates duties related to probation and supervision that will be required under the program

Find more information about registering specialty courts here. 

Resources & Training

There are various resources for Mental Health Courts, and even more resources available for specialty courts in general. Inclusion of the following external links are not an endorsement by the JCMH of the content of the websites, or of their policies, services or opinions of the organization or individual. These websites are helpful resources for judges and attorneys handling cases regarding persons with mental illness and/or IDD and are intended for reference use only. 

• Texas Association of Specialty Courts 
• Specialty Courts Resource Center 
• Guide for Addressing the Needs of Persons with Mental Illness in the Court System
• Texas Office of Court Administration 
• Center for Court Innovation: Treatment Courts
• Mental Health Courts Learning Modules
• NPC Research 
• Justice Counts
• NAMI (Mental Health Courts)
• Bureau of Justice Assistance
• National Drug Court Resource Center 
• SAMHSA - Treatment Court Locator
• National Drug Court Institute - Online Courses

The mission of the Judicial Commission on Mental Health is to engage and empower court systems through collaboration, education, and leadership, thereby improving the lives of individuals with mental health needs, substance use disorders, or intellectual and developmental disabilities (IDD). While we recognize and understand you or a loved one may be facing mental health struggles, the Texas Judicial Commission on Mental Health does not provide legal advice and cannot make any referrals to, or promote any provider of, mental health services. We encourage individuals who are seeking legal counsel to contact the State Bar, and individuals who are seeking mental health services to contact your Local Mental Health Authority.