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. (f) Any crimes of violence involving the discharge of a firearm. Acts 2013, No. 346, §1. (e) Stalking.
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