The Mental Health Court staff or team may make a recommendation to the Mental Health Court judge that a participant be terminated from Mental Health Court due to the participant's non-compliance with Mental Health Court requirements or conditions. If the Mental Health Court judge agrees with the recommendation of termination, Mental Health Court staff shall file a written Affidavit of Violations on a form prescribed by the Mental Health Court requesting that the judge terminate the participant from Mental Health Court. The participant shall be informed of the termination in the Mental Health Court session unless the participant has absconded. A Notice of Termination shall be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached. Upon signature of the Notice of Termination by the Mental Health Court judge, the case shall be referred back to the appropriate circuit or district for further proceedings. The Notice of Termination shall be filed in the official record by the circuit clerk.

In the case of a participant who has absconded for a period of at least ten working days, Mental Health Court staff may complete an Affidavit of Violations on a form prescribed by the Mental Health Court. A Notice of Termination may be signed by the Mental Health Court judge on a form prescribed by the Mental Health Court, and a copy of the Affidavit of Violations shall be attached. Upon signature of the Notice of Termination by the Mental Health Court judge, the case shall be referred back to the appropriate circuit or district for further proceedings. The Notice of Termination shall be filed in the official record by the circuit clerk.

Upon termination, the referring judge shall schedule the case for a hearing on a criminal motion docket for further proceedings. The Notice of Termination and Affidavit of Violations shall be filed in the official record by the circuit clerk, who shall serve notice of the Notice of Termination on the parties, their attorneys, and probation and parole.