Public safety is the highest priority. A defendant must have either a public or private attorney representing the defendant before the defendant will be considered for acceptance or placement into the MCMHC and that attorney has the primary responsibility of making certain that all of the defendant\’s legal rights are respected. The Judge is in charge of the MCMHC including all related supervision activities. To participate in the MCMHC, a defendant must have a qualifying mental illness which mental illness was a factor in the defendant becoming involved with Marion County’s criminal justice system. Once a defendant is accepted into the MCMHC pursuant to the A Primary Referral Process set forth in this Manual or is placed by the Court into the MCMHC pursuant to the Alternative Referral Process set forth in this Manual, then that defendant\’s pending case in the Marion County Court is considered to be in diversion and active criminal prosecution in that case is suspended pending the defendant either being graduated or otherwise discharged from the MCMHC. If the defendant is graduated, then the defendant\’s case is dismissed. If the defendant is otherwise discharged, then the defendant\’s case reverts to being an active criminal prosecution on the regular docket of the Marion County Court.
