(1) “Administrative discharge” means the discharge of a participant from Mental Health Court due to the participant's inability to complete Mental Health Court through no fault of his/her own.

(2) “Agreement of Participation” means the written agreement required to be signed by all potential mental health court participants prior to the determination of eligibility for Mental Health Court.

(3) “Approved local diversion procedures” means pretrial diversion procedures authorized by the Kentucky Supreme Court within each judicial circuit.

(4) “Assessment” means a tool used by Mental Health Court staff to evaluate mental health history and status for purposes of determining whether a defendant will be considered for admission into Mental Health Court.

(5) “COJ” means the Court of Justice.

(6) “Eligible offenses” are offenses deemed to be caused by, arising out of, or a result of untreated or improperly treated mental health condition(s), including Axis I and Axis II disorders, but excluding violent offenses and sexual offenses. An exception can be made on a case by case basis to include otherwise excluded offenders.

(7) “Grant Manager” means the agency authorized by the grantor to support Mental Health Court and administer and oversee its funding.

(8) “Home visit” means the on-site appearance of Mental Health Court staff at the participant's home for the purpose of verifying stable, crime-free housing, compliance with curfews, and verification of living conditions appropriate for Mental Health Court participants.

(9) “Incentives” means tangible or intangible rewards earned by participants for positive steps taken toward attaining a crime-free lifestyle, and may include, but are not limited to, promotion to the next phase, certificates and tokens, decreased supervision, increased privileges and responsibilities, praise from the mental health court judge and team, extended curfews, and other individual incentives approved by the Mental Health Court team.

(10) “Involuntary termination” means the termination by the Mental Health Court judge of a participant from Mental Health Court due to the participant's noncompliance with Mental Health Court's requirements, rules, or conditions.

(11) “Justice system case processing” means the manner in which a case is processed within the Kentucky COJ, as reflected in KyCourts II or the current COJ case management system.

(12) “Mental Health Court” means the Northern Kentucky Regional Mental Health Court, which is an alternative sentencing court pilot program authorized by the Kentucky Supreme Court. Mental Health Court combines case management, judicial oversight, treatment, mental health assessments, and drug testing and includes, but is not limited to, the implementation of curfews, sanctions, and incentives.

(13) “Mental Health Court Administrator” means the employee appointed by the Northern Kentucky Regional Mental Health Court to support Mental Health Court, and administer and oversee its funding.

(14) “Mental Health Court Community Corrections Board” means a group of stakeholders that assist the court with ongoing operations. The board shall consist of a representative from each of the Boone, Campbell and Kenton County Fiscal Courts, and County and Commonwealth Attorney's offices; representatives from treatment providers; case managers; the Mental Health Court judge; the Mental Health Court Administrator; and the Public Advocate.

(15) “Mental Health Court graduation” means the public ceremony acknowledging the successful completion of Phases I, II and III of Mental Health Court.

(16) “Mental Health Court Judge” means a judge who, in addition to his/her regular judicial duties, conducts Mental Health Court sessions and staffing, monitors and reviews the participant's progress in Mental Health Court, imposes sanctions and incentives, and facilitates other components of Mental Health Court as identified and required by the Mental Health Court, consistent with these rules.

(17) “Mental Health Court Judge with jurisdiction” means the Mental Health Court judge to whom the entire case is transferred for both Mental Health Court proceedings and all further criminal proceedings.

(18) “Mental Health Court staff” means personnel hired and employed by the Mental Health Court who perform the daily operations of Mental Health Court, including, but not limited to, providing case management for participants, attending Mental Health Court staffing and sessions, and coordinating mental health assessments and drug testing as needed.

(19) “Mental Health Court team” means the non-adversarial group that promotes public safety while acting in the best interest of the public and the participant, and determines the appropriate responses for a participant's compliance or non-compliance with Mental Health Court requirements. While the Mental Health Court team determines appropriate responses for participant compliance or non-compliance, the Mental Health Court judge has the ultimate decision making authority. The Mental Health Court team is comprised of the Mental Health Court judge, Mental Health Court staff, law enforcement, prosecutor(s), defense counsel, and treatment provider(s). Optional members on each Mental Health Court team may include representatives from the office of probation and parole, the circuit court clerk's office, the community, and other ancillary agencies.

(20) “Mental Health Court support personnel” means interns and volunteers, including but not limited to, other staff supplied by a city or county office or official not employed by the Mental Health Court who work with the Mental Health Court.

(21) “Notice of eligibility” means the document provided to the sentencing judge following the defendant's assessment where a determination of eligibility or ineligibility for admission to Mental Health Court has been made.

(22) “Phase” means a set of minimum and distinct criteria required of a Mental Health Court participant.

(23) “Receiving judge” means the judge conducting a Mental Health Court docket.

(24) “Referring judge” means the judge who refers a defendant to Mental Health Court.

(25) “Sanctions” means the range of consequences imposed for the participant's failure to comply with the requirements or other conditions of Mental Health Court, which are appropriate, consistent and immediately applied. Sanctions may include, but are not limited to, admonishments from the judge, residential treatment, community service, phase demotion, increased therapy sessions, home incarceration, imprisonment in a detention facility, or termination from Mental Health Court.

(26) “Sentencing judge” means the judge who sentences the defendant in the underlying criminal case; he/she may also be the referring judge.

(27) “Session” means the scheduled appearance of the participant before the Mental Health Court judge, during which the progress of the participant is reviewed and discussed, and assignments, verifications, or other requested information is provided to the Mental Health Court judge by the participant.

(28) “Staffing” means meetings held by the Mental Health Court team, including the Mental Health Court judge prior to a Mental Health Court session, for the purpose of discussing the participants' progress.

(29) “Transfer for all further proceedings” means a transfer of the underlying criminal case to the Mental Health Court judge for both Mental Health Court proceedings and all further criminal proceedings.

(30) “Transfer for Mental Health Court proceedings only” means a transfer of only the Mental Health Court component of a case to the Mental Health Court judge; upon successful completion or termination from Mental Health Court, the case does not remain with the Mental Health Court judge, but returns to the referring judge.

(31) “Treatment program” means a residential program for a participant which provides a setting for mental health treatment.

(32) “Treatment provider” means an individual or agency licensed and/or certified to provide the treatment and counseling to Mental Health Court participants as specified by the Mental Health Court.

(33) “Voluntary termination” means the termination by the Mental Health Court judge of a participant from Mental Health Court, at the participant's request, but only after a determination has been made that the request was knowingly and voluntarily made.