Behavioral Health Court Eligibility Criteria

The Kitsap County Behavioral Health Court is an optional program. It is not intended to serve every defendant with a mental illness nor is it intended to serve individuals who do not wish to participate.

In order to be eligible, the defendant must:

A.  Have an open criminal case within the jurisdiction of Kitsap County or contracted cities.
1. Current charges and previous convictions must not be excluded by RCW 2.30.030
2. Entry into the program requires the consent of the prosecutor.

B.  Be diagnosed with a mental illness as defined and recognized by the American Psychiatric Association Diagnostic and Statistical Manual, 5th Edition (APA DSM V) that meets the severe and persistent threshold. Serious and persistent mental illness includes a primary diagnosis of schizophrenia, other psychotic disorders, bipolar disorders, major depressive disorders, PTSD, and other mental health disorders that affect judgment and cognitive processing. The individual’s primary diagnosis must be a diagnosis that has been clinically shown to respond positively to psychotropic and/or therapeutic interventions.
1. Individuals with a primary or sole diagnosis of a Personality Disorder or Developmental Disorder as defined by the APA DSM V may be considered on a case-by-case basis.
2. If no diagnosis is documented, the defendant will be referred to the community for a mental health evaluation and treatment recommendations prior to further consideration.

C. Have a nexus between their mental illness and the behaviors resulting in the criminal charge(s) as determined by BHC Staff.

D. Be competent per RCW 10.77

Revised 4/25/2022