Our Mission

The Judiciary's Mental Health Court (MHC) is committed to providing eligible individuals with a structured and closely monitored treatment pathway for Mental Health Disorders (MHD) and Co-Occurring Mental Health and Substance Use Disorders (MHSUD). The program offers an alternative to the traditional criminal justice system by emphasizing treatment, accountability, and recovery. Through a collaborative, treatment-focused approach, the Mental Health Court seeks to improve participant outcomes, enhance public safety, and reduce recidivism.

About the Mental Health Court 

The Mental Health Court is designed to serve non-violent adult offenders who have been diagnosed with a mental health disorder, co-occurring mental health and substance use disorders, intellectual disabilities, or behavioral challenges resulting from untreated mental health conditions. The program primarily targets individuals who are assessed as having a moderate-to-high risk of re-arrest and moderate-to-high treatment needs, and who have expressed a willingness to engage in treatment services.

Eligibility for participation is determined by several factors. Individuals may be considered for the program if they are at least 18 years of age, have been charged with a criminal offense, have a diagnosed mental health condition or co-occurring mental health and substance use disorder, and are appropriate candidates for treatment through medication, counseling, or other therapeutic interventions. Individuals charged with serious offenses, such as murder or sexual crimes, are not eligible for participation.

Admission into the Mental Health Court generally requires the results of a forensic evaluation conducted by a licensed psychologist employed with the Judiciary of Guam or independent clinical psychiatrist or clinical psychologist. A criminal defendant involved in another division of the Superior Court of Guam may also be referred to the Mental Health Court by a Superior Court Judge upon a judicial finding, based on the forensic evaluation, that the defendant is incompetent to proceed due to a serious mental illness.

Participation in the Mental Health Court requires compliance with both a Case Management Plan and a Treatment Plan. The Case Management Plan is established by the Mental Health Court Judge and outlines court-ordered requirements and restrictions. The Treatment Plan is developed and administered by the participant's treatment provider and addresses the individual's specific treatment needs.

Judicial proceedings are conducted through regularly scheduled status hearings. During these hearings, the Judge reviews information provided by Probation regarding the participant's compliance with the Case Management Plan, as well as updates from treatment providers concerning adherence to the Treatment Plan. Participants are also given an opportunity to discuss their progress, challenges, and ongoing treatment needs with the Court.

Participants who successfully complete all requirements of their Case Management Plan and satisfy program expectations may graduate from the Mental Health Court, resulting in the closure of their case. If a participant does not complete the requirements of the program within five years, the Mental Health Court Judge may take appropriate action to resolve the case.

The Mental Health Court's overarching goal is to reduce the number of individuals with Mental Health Disorders and Co-Occurring Mental Health and Substance Use Disorders entering or re-entering the criminal justice system. This goal is achieved through effective community-based treatment, crisis intervention services, and strong partnerships with key stakeholders. These partnerships include the federal government, the Government of Guam, the Guam Behavioral Health and Wellness Center, the Department of Corrections, the Office of the Attorney General, the Public Defender Service Corporation, and the Alternate Public Defender.