Mental Health Specialty Court Act of 2017 - Summary

• Establishes mental health specialty courts as specialized courts within existing court systems to integrate mental health treatment with criminal justice case processing using non-adversarial approaches.

• Allows judicial districts to create mental health specialty court programs subject to Supreme Court approval, with circuit judges or district judges designated to administer programs and oversee multidisciplinary teams including prosecutors, defense attorneys, healthcare providers, and probation officers.

• Restricts participation to individuals with mental illness charged with crimes (excluding serious violent felonies and sex offenses), who waive speedy trial rights and consent to limited release of confidential mental health information; participants must be age 18 or older unless prosecuting attorney consents.

• Requires mental health specialty courts to order at least six (6) months of mental health treatment meeting minimum standards, with funding contingencies allowing courts to still order services if providers waive payment or participant has private insurance.

• Permits case dismissal and record sealing upon successful program completion if prosecution recommends dismissal and the court determines it appropriate; allows participants to petition for relief from firearm disabilities and removal from FBI criminal background databases.