Rule 11’s in Limited Jurisdiction Courts J. Matias Tafoya Presiding Judge Mesa Municipal Court Elizabeth R. Finn Glendale City Court

Rule 11 of the Rules of Criminal Procedure Cannot be tried for criminal offense if: As the result of mental illness, defect, or disability, the person is unable to understand the proceedings against him or her or to assist in his or her own defense

Rule 11 of Rules of Criminal Procedure Mental illness, defect or disability means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including congenital mental conditions, conditions resulting from injury or disease and developmental disabilities

Result of Rule 11 Incompetency Charges dismissed No connection with Title 36 civil commitments proceedings Defendant is just released with no requirements

Supreme Court approved 2 pilot courts: 2015 Supreme Court approved 2 pilot courts: Mesa Municipal Court and Glendale City Court

GOALS Reduce no show fees for doctors by having doctors see defendants at the courthouse Reduce time from filing of motion for transfer to disposition More convenient for attorneys and defendants to have all proceedings at local courthouse Ability to release defendants from jail if a resource such as a bed became available

Two Courts – Two Styles Mesa Prosecutors stipulated to one doctor in most cases Cases were handled by all public defenders Glendale Two doctors and with 6 defendants 3 doctors required Cases were all handled by one public defender That public defender made decision whether defendant was suitable for MHC, should be returned to regular public defender, should be assessed for eligibility as Seriously Mentally Ill or file a Rule 11

Glendale Rule 11 Pilot Doctors see defendants at the courthouse ($330 per doctor) Proceedings are held at the courthouse Has reduced failure to appear rate for seeing the doctors ($150 no show fee) Reduced the time from the filing of the motion to disposition from 105 days to 42 days

Results Both Courts resolved cases in 2016 with an average of 42 days!

Process Judges became Superior Court pro tem judges Clerks became Special Deputy Clerks of the Clerk of the Court Received training Access to iCIS Judges could unseal prior Rule 11 doctor reports

Electronic Enhancement Clerk’s Office agreed to back scan reports not the in system Eliminated defense counsel going to Clerk’s Office to retrieve doctors' reports Minute entries e filed Not visible on Clerk’s website Visible on Superior Court website

Legislation Chapter 14 SB 1157 Presiding Superior Court Judge can authorize municipal or justice courts to exercise jurisdiction to resolve competency issues Some courts may handle these matters for other courts Details with Superior Court and Clerk of the Court are still pending for expansion

Mental Health Diversion Program Person must be diagnosed as Seriously Mentally Ill or be a veteran with services Court has access to Mercy Maricopa database Must be stable for at least 6 months Normal time in Court is 11 months If successful, prosecutor will consider dismissing the charges.

Planning for a participant’s transition out of the mental health court program is a key element of a participant’s success.

The team develops Case Plan Adjustments, The team meets before every court date in a staffing. Adjustment to treatment plans should precede sanctions or termination from the mental health court. IN OUR COURT, JAIL NEVER USED AS A SANCTION

GOALS OF MISDEMEANOR PROGRAMS Do not care about guilt All defendants are required to: Stay in touch with clinical team/case manager Keep all appointments Take medications

Judges’ Orders Orders from judges are not “recommendations” We are empowering case managers to implement treatment plans A defendant cannot refuse to comply if they want to remain in Mental Health Court

First Item Placement or Homelessness Judges are going to be addressing stable housing Criminal release orders most often prohibit defendants from returning to scene or contacting victims A proper placement DOES NOT mean return to the family unless there is no restriction in place Release orders can be amended by the judge to allow contact if it is verified the victims are acceptable to the defendant returning

Misdemeanor vs. Felony Mental Health Programs Misdemeanor programs result in dismissal of charges Felony programs require defendant to be convicted Many of defendants we see at misdemeanor level are not competent and could not enter a guilty plea Victims, a lot of families, are very supportive of defendants in these programs

Phrases Not Helpful to Judges Defendant must: Refrain from illegal substances INSTEAD: Tell us you want the defendant to attend 3 Terros classes per week Give us specifics We need to know program and frequency

Phrases Not Helpful to Judges Defendant must: Learn how to act in social settings INSTEAD: Is there a coping skills class at the clinic? What specific program is recommended? Remember: there is Peer Support (Hope Lives) representative in Court; will this be helpful to defendant?

Phrases Not Helpful to Judges Defendant should attend a day program INSTEAD: Defendant attend LADDERS 5 days a week Defendant missed injection Defendant should go with case manager from court to dropin appointment at clinic Defendant shall meet with rn at clinic this week Defendant shall meet with rn within next 48 hours

FRUSTRATIONS Turnover of case managers I know more about these defendants many times Must have current information since last court date Do not refer to DTS/DTO if this has not occurred since the last court date Make sure it is current information if defendant is hospitalized or in jail

Third Party Release Judges want to be able to release defendants from custody to their case manager or others Victim’s rights Information needed: Name of person picking defendant up, date and time defendant will be picked up Judges do not like to release defendants from jail to a taxi; we want to know the defendant has been taken to the appropriate placement

Between Courtdates If placement or bed available between courtdates, advise the court Courts will assure victims receive notification Courts can do third party release to case manager in between courtdates Many of us read email at night or on weekends Judges receive phone calls during non working hours from Detention asking for help with defendants

Urgent Psychiatric Hospitals Defendant cannot be released to urgent psychiatric center unless the Court removes the bond requirement If defendant dangerous, even with amendment from COT, defendants will not be released. They can just walk out of an urgent psychiatric center MAKE SURE CASE MANAGERS BRING AMENDMENTS TO COURT

Needs More housing More in patient More one on one counseling More consistent training of case managers Connection between Rule 11 incompetency and Title 36; however different standards More mental health courts even if defendant does not have SMI diagnosis