Rule 43. Specialized Dockets
(A) Establishment of Mental Health Docket
The Court established a mental health specialized docket known as Successful Treatment Results in Developing Excellence (“STRIDE”) effective February 16, 2010, which is now governed under Superintendence Rule 36.20 through 36.32 for Specialized Dockets. It is the goal of STRIDE to reduce recidivism among individuals with severe and persistent mental illness in the criminal justice system; to reduce periods of incarceration by individuals with severe and persistent mental illness; and to successfully graduate participants from STRIDE by effectively managing the risks associated with persons who have severe and persistent mental illness by providing mental health intervention that integrates community treatment options with judicial supervision. The opportunity for successful outcome is afforded through regular appearance before the judiciary, supervised treatment, and the use of rewards, graduated sanctions and other rehabilitative services.
(B) Placement on STRIDE Docket
In order for a criminal case to be placed on the STRIDE docket, a criminal defendant must first make a Request for Admission to the Mental Health Docket. The defendant must be charged with at least one eligible misdemeanor.
To qualify for admission, a criminal defendant must meet the following legal criteria:
- be a resident of Summit County or considered homeless and willing and able to relocate to Summit County;
- be charged with at least a misdemeanor of the first, second, third or fourth degree (offenses for which there is no jail time that could be imposed are not eligible) but not a violation of O.R.C. 4511.19 or a similar local codified ordinance, a sex crime, a weapons violation, or an offense involving a child victim (exceptions considered if other criteria are met);
- the mental illness must be a contributing factor to the defendant being charged;
- must have a severe and persistent mental illness with a diagnosis of schizophrenia, schizoaffective disorders, bipolar disorders, major depression with psychotic features, and other diagnoses considered on an individual basis which would benefit from court monitored treatment;
- must be stable enough to understand and comply with program requirements and competency issues must be resolved before entering in the program;
- cannot have a criminal history of violence that might pose a risk to the public, staff and/or the agencies involved in treatment;
- having pending charges and/or presently on community control in other courts for felony or misdemeanor charges may make the defendant ineligible for this program;
- if the offense involves a victim of a physical injury, the victim must agree to the defendant entering into the program; and
- the defendant must voluntarily enter into the STRIDE program.
Eligibility for STRIDE is determined by community control according to the legal criteria adopted by the Court. Upon initial acceptance into the STRIDE program, the criminal defendant is referred for diagnostic evaluation to confirm that he/she meets clinical criteria. Clinical criteria includes: a diagnosis of schizophrenia, schizoaffective disorders, bipolar disorders, major depression with psychotic features, and other diagnoses considered on an individual basis that is consistent with a severe and persistent mental illness; sufficient stability to understand and comply with program requirements; and the criminal defendant must not pose an unacceptable risk to program staff, family or community. The diagnostic evaluation along with the “treatment team” as set forth in the program description and participant handbook, and approval of the judge presiding over STRIDE, will determine if the defendant qualifies for the STRIDE program.
(C) Case Assignment
A Request for Admission to STRIDE does not automatically transfer the criminal case to the docket of the judge presiding over STRIDE. If the criminal defendant does not enter STRIDE for whatever reason, then the case remains on the standard court docket as randomly assigned. If the criminal defendant is accepted into STRIDE and wants to voluntarily enter the program, then the case is transferred to the STRIDE docket where the criminal defendant shall enter a plea of guilty either to the charges or to the community control violation and be sentenced to the STRIDE program. The judge presiding over the STRIDE docket shall have the primary responsibility for case management. In the event the criminal defendant is unsuccessfully terminated from STRIDE under the termination criteria as set forth in the program description and participant handbook, the case shall remain on the docket of the judge presiding over STRIDE for sentencing according to the criminal sentencing laws as set forth in the Ohio Revised Code or local codified ordinances.
(D) STRIDE Docket Case Management
Criminal defendants accepted into STRIDE will participate in mental health treatment, comply with medication as prescribed, counseling for mental health (individual and/or group sessions) and for substance abuse, if appropriate. The treatment plan may also include obtaining stable housing and reliable transportation, completing high school or obtaining a GED, participating in vocational assessment and entering appropriate employment, and other services as directed by the treatment team.
Upon successful completion of the Treatment Plan, the criminal defendant is graduated from STRIDE.
If the criminal defendant is unsuccessful in completing STRIDE, the judge presiding over the STRIDE court will:
- Intervention in Lieu of Conviction (IILC) participants who are unsuccessfully terminated from the Stow Municipal Court STRIDE program are subject to a finding of guilt, and the imposition of sentence up to the maximum penalties permitted for each charge.
- Post-Conviction participants who are unsuccessfully terminated from the Stow Municipal Court STRIDE program will be scheduled for a community control violation hearing. If the terms of community control are found to be violated, then the remaining balance of the sentence may be imposed.
A criminal defendant may also be neutrally discharged if they are no longer capable of completing STRIDE.
(F) Presiding on the STRIDE Docket
The judge assigned to preside over the STRIDE docket as reflected in the Supreme Court Specialized Docket certification shall remain the same judge throughout the term of the certification. A change in the judge assigned to the STRIDE docket shall require a new application for certification within twelve months after the change in the judge assignment.