(a) The accountability court, when practicable, shall ensure that no agency provide both assessment and treatment services for an accountability court to avoid potential conflicts of interest or the appearance that a given assessment agency might benefit by determining that an offender is in need of the particular form of treatment that the assessor provides. (b) An accountability court making a referral for treatment shall refer the offender to a program that: (i) is certified by the Department of Mental Health; (ii) agrees to become certified by the Department of Mental Health within 90 days of service implementation; or (iii) can provide documentation that it is using evidence-based practices. (c) The court shall determine which treatment programs are authorized to provide the recommended treatment to an offender. The relationship between the treatment program and the accountability court should be governed by a memorandum of understanding, which should include the timely reporting of the progress or lack thereof of the offender to the accountability court. (d) Appropriate services for mental health treatment should be made available by the Department of Mental Health, where practicable.
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