How Washington’s Mental Health Diversion Courts Work

A Guide for Families and Defendants in Clark County

For individuals facing criminal charges in Washington who also live with serious mental illness, the traditional justice system can feel overwhelming, confusing, and ineffective. Fortunately, Washington State has established mental health diversion courts to address this problem directly. These specialized courts offer eligible defendants an alternative to standard criminal prosecution—one that emphasizes treatment, accountability, and long-term stability over punishment. In Clark County and throughout Washington, these courts are changing lives and reducing recidivism by targeting the underlying causes of criminal behavior.

What Is Mental Health Court?

Mental health court is a form of “therapeutic justice” that diverts qualifying defendants with mental health diagnoses out of the traditional criminal system and into structured treatment and supervision. Instead of jail or a criminal conviction, eligible participants work through a court-supervised program that connects them to mental health services, housing, medication management, and other supports. The goal is to reduce future arrests and improve quality of life for individuals who are cycling through jails due to untreated or under-treated mental illness.

This court model operates with a team-based approach. Judges, prosecutors, defense attorneys, case managers, and mental health providers collaborate to support the defendant’s progress. Compliance is rewarded with incentives such as reduced charges or dismissal of the case. Noncompliance may result in sanctions, but the focus remains on recovery, not punishment.

Who Is Eligible in Clark County?

Eligibility criteria can vary slightly depending on the court, but in Clark County, mental health diversion courts are generally available to adults facing non-violent misdemeanor or felony charges who have a documented mental health diagnosis that contributed to the alleged offense. Common qualifying conditions include schizophrenia, bipolar disorder, major depressive disorder, and PTSD. Co-occurring substance use disorders are often accepted as well.

Applicants must typically be willing to participate in treatment and comply with court orders. Cases involving serious violent offenses, weapons charges, or sex offenses are usually excluded. However, the court evaluates eligibility on a case-by-case basis, and individuals are encouraged to consult with their defense attorney to explore this option. In many cases, participation in mental health court is offered as part of a plea agreement or pretrial diversion.

How Does the Process Work?

Once a defendant is referred to mental health court—either by their attorney, a judge, or the prosecutor—they undergo a clinical evaluation to determine whether they meet the program’s diagnostic and legal requirements. If accepted, the defendant will agree to a treatment plan developed in coordination with local mental health providers and supervised by the court.

Participants must regularly attend court hearings, comply with treatment, avoid new law violations, and maintain contact with case managers. Programs often last between 12 and 24 months, depending on the individual’s progress and the severity of the charges. Along the way, the court provides structured accountability and wraparound services designed to address housing instability, medication needs, and therapy access.

Successful completion of the program can result in dismissal or reduction of charges, and more importantly, long-term mental health stability and community support.

Benefits of Mental Health Court

Mental health diversion courts are widely praised for reducing incarceration rates, preventing repeated arrests, and improving public safety by addressing the root causes of criminal behavior. For defendants, the benefits include access to treatment, a reduced criminal record, and a path toward long-term recovery. For families, it offers hope that their loved one can finally receive appropriate care outside of the jail system.

Clark County’s mental health court team is trained to work compassionately with individuals who often feel marginalized or misunderstood. The system is not easy—participants must work hard, and accountability is a major component—but for many, it is a life-changing opportunity.

Get Help Today

If you or a loved one is facing criminal charges in Clark County and struggles with mental illness, mental health court may offer a better path forward. At the Law Office of Erin Bradley McAleer, we advocate for alternatives to incarceration that prioritize healing and dignity. Our team can assess whether you qualify and help you navigate the process from start to finish.

Call us today at (360) 334-6277 or visit mcaleerlaw.net to schedule a free consultation.