A defendant shall be referred to Mental Health Court through one of the following procedures:

1.) An order of diversion: referral to Mental Health Court may be made utilizing approved local diversion procedures but only after an order of diversion has been entered. Diversion shall be the favored method of resolving charges through mental health court.

2.) An order of probation: a referral to Mental Health Court may be made at any time during probation, including a referral in lieu of revocation. A defendant who is referred to Mental Health Court by an order of probation shall have entered a guilty plea or been found guilty of an eligible offense. The sentencing judge, sua sponte, or upon request of the attorney for the defendant or another interested party, may order a defendant to be referred to Mental Health Court for a determination of the defendant's eligibility

3.) An order of contempt of court: any judge may refer a person charged with contempt of court to Mental Health Court in lieu of being incarcerated on the contempt charge, but only after an order of contempt has been entered.