§5355.  Eligibility and exclusion

A.  A criminal defendant may be admitted to a mental health court program if all of the following criteria are met:

(1)  A diagnosis by a qualified mental health professional of mental illness or co-occurring mental illness and substance abuse.

(2)  Consent of the prosecutor and the court assigned to the criminal defendant's case.

(3)  Consent of the defendant.

B.  A criminal defendant may be excluded from a mental health court program if any of the following occurs:

(1)  The defendant fails to demonstrate a willingness to participate in a recommended mental health court program.

(2)  The criminal defendant has, within the previous ten years not including incarceration time, been convicted of any one of the following enumerated crimes:

(a)  First or second degree murder.

(b)  Aggravated or criminal sexual assault, including sexual assault of a child.

(c)  Armed robbery.

(d)  Arson.

(e)  Stalking.

(f)  Any crimes of violence involving the discharge of a firearm.

Acts 2013, No. 346, §1.