State personnel, state agencies, or other entities that treat persons suffering from mental illness on behalf of the state shall be utilized to the maximum extent practicable for treatment and other needed services.

If state personnel or a state agency is unable to provide said treatment or other services, or it is not feasible for it to do so, an agency with which a Memorandum of Agreement may be executed shall be utilized for treatment or other needed services.

If an agency with which a Memorandum of Agreement may be executed is unable to provide said treatment or other services, or it is not feasible to do so, a personal service contract may be utilized for obtaining treatment or other needed services to the extent practicable.

The Mental Health Court shall maintain a list of authorized state providers for said treatment or other services.

All contracts for treatment or other services shall be negotiated by and through the Mental Health Court utilizing the approved administrative policies and procedures established for same.

Participants may utilize a private provider of mental health treatment if the Commonwealth, referring court, mental health court and defense agree. Private care may only be utilized if it complies with the requirements of these regulations.