N.M. Bernalillo Cnty. Metro. Ct. Outreach Court Policies (introduction)

Bernalillo County Metropolitan Court

Outreach Court/Presiding Judge Asra I. Elliott

Policy Manual

Introduction

The Bernalillo County Metropolitan Court’s Outreach Court Program is a collaborative effort

among Bernalillo County Metropolitan Court, Office of the District Attorney, Law Offices of the

Public Defender, the Private Defense Bar, and community providers. This court follows the

American Bar Association’s (ABA) seven guiding principles for Homeless Court and models

itself after the San Diego Homeless Court. Outreach Court is a specialty court aimed at a

segment of the population that has limited means of complying with conditions of the court. As a

result, misdemeanor crimes are often ignored until the defendant is incarcerated. Outreach

Court is unique from all other specialty courts as it is designed to work with individuals who are

engaged with community providers and gives those individuals an opportunity to resolve open

misdemeanor cases and outstanding warrants. This is accomplished by collaborating with

providers who are working within the community and providing services to those who are

unhoused or precariously housed.

History

The Bernalillo County Metropolitan Court has led New Mexico in establishing problem solving

courts that address criminal issues originating in Bernalillo County. In the early 2000s Bernalillo

County Metropolitan Court recognized the need to assist those who are unhoused with

navigating their minor offenses/cases through the court system, while also recognizing the work

they had accomplished through their engagement with community providers. Homeless Court

was established to address this need and to further assist these individuals in avoiding the

revolving door of court appearances, bench warrants, and incarceration. Later, Homeless Court

became known as Outreach Court to reduce the stigma associated with labeling individuals as

“homeless” and focusing instead on the essential element of the collaboration with community

agencies.

Goals and Objectives

 Eliminate legal barriers to promote the achievement of long term self-sufficiency for our

community members who may be unhoused or precariously housed

 Positively impact participants by helping them take responsibility for their actions and

take the necessary steps to become flourishing members of society. This includes, but is

not limited to, housing, employment, education, financial stability, and mental or

substance use treatment.

 Improve quality of life for participants and prevent further involvement in the justice

system

 Establish a network of community providers with expertise in providing services to those

who are unhoused or precariously housed

 Partner with community providers who create a holistic approach to participant care

 Provide efficient closure of cases and resolution of outstanding warrants

 Abide by the Seven Guiding Principles for Homeless Court as outlined by the American

Bar Association

Outreach Court Steering Committee

The Outreach Court Steering Committee will meet at least annually to review program policies

and procedures, discuss opportunities for program enhancement and explore ideas for

increasing participation and community awareness. The Steering Committee may be comprised

of the following individuals and/or roles:

 Presiding Judge

 Office of the District Attorney - Prosecutor

 Law Office of the Public Defender - Defense Counsel

 Private Counsel

 Behavioral Health Division Director or Program Manager

 Outreach Court Project Specialist

 Community Provider Liaison

Outreach Court Meaningful Review Team

The Meaningful Review Team will be the core team of the Outreach Court. These individuals

will meet at least once monthly (or at the discretion of the presiding judge). This group will be

responsible for making determinations about referral acceptance or denial, sufficiency of

participant’s progress with their community provider, and program completion or termination.

The following individuals will comprise the Meaningful Review Team:

 Presiding Judge

 Office of the District Attorney - Prosecutor

 Law Office of the Public Defender - Defense Counsel

 Private Counsel

 Behavioral Health Division Director or Program Manager

 Outreach Court Project Specialist

 Community Provider Liaison

Roles and Responsibilities of the Outreach Court Team Members

Presiding Judge:

The Judge leads the collaborative team and conducts a meaningful review (along with the

Meaningful Review Team) of each participant’s progress with the community provider and

reviews the progress made toward their goals. In the event of termination from Outreach Court,

the Judge will make the final determination to remand the case(s) back to the original trial

docket. The Judge provides encouragement and motivation to the participants at the time of

commencement. The Judge also serves as chair of the Steering Committee.

Prosecutor:

As a member of the collaborative team, the prosecutor will monitor the participant’s progress.

The Prosecutor will respond promptly to motions to refer cases to Outreach Court and advise

the Meaningful Review Team if there is any pertinent input from the alleged victim(s) in the

case. The Prosecutor will complete and submit the Nolle Prosequi for cases or will agree to the

closure of cases and conversion of outstanding requirements to credit for program participation

hours.

Defense Counsel:

The Defense Counsel will provide information to the participant regarding the nature and

purpose of the program and explain all the rights to the defendant/participant. Defense Counsel

shall submit the Order of Appointment and Motion to Transfer to Outreach Court. They attend all

meaningful reviews and provide ongoing legal representation in the judicial supervision process.

In the event of a participant’s termination, Defense Counsel will have the option to withdraw

from the case.

Community Providers:

The community providers connect with persons who are unhoused or precariously housed, and

through that collaboration, will determine appropriate referrals to Outreach Court. The provider

will send referrals to the Outreach Court for processing. The community providers develop

eligibility and goals for the participants within their agency which can include a service needs

assessment and/or treatment plan. Areas to be addressed include but are not limited to: primary

and dental care, behavioral health, housing and case management, employment and/or

education, access to benefits and/or insurance and life skills development. The community

provider will submit an Advocacy Letter detailing the areas of progress the participant made

leading up to meaningful review.

**We ask that anyone making referrals not have a non-professional, familial, or domestic

relationship with the individual being referred. **

Behavioral Health Division Director and/or Program Manager:

The Division Director or Program Manager will be the first point of contact for providers

interested in developing a formal referral relationship with Outreach Court. The

Director/Program Manager will also assist with providing training and presentations to

community agencies to further increase community awareness and access to the Outreach

Court. The Director/Program Manager will coordinate with the Presiding Judge to schedule the

annual Steering Committee meeting. Additionally, the Director/Program Manager is responsible

for exploring funding opportunities to further enhance the program to include participant

incentives, transportation assistance, etc. The Director/Program Manager will monitor whether

or not the program is meeting its short and long term objectives relative to the participants,

community and local criminal justice system.

Program Project Specialist:

The Outreach Court Project Specialist will recall warrants, set hearings, ensure the case is

reassigned to Outreach Court judge, hold all fees and sentencing requirements in abeyance and

send emails to the team regarding the status of the case as it is in the referral process. They will

do additional screening of potential participants, to include running NCIC to ensure eligibility.

They will ensure the documentation and docketing of the case is done timely and accurately

throughout the referral process. They will assist the community provider with necessary

documentation and navigation throughout the process. They will provide client participation

information to the team on behalf of providers via the Advocacy Letter. They will also ensure

that all parties understand all documents related to the case as they come up. The Program

Project Specialist is also responsible for tracking stats related to referrals, active cases, referrals

sources and graduations/completions.

Community Provider Liaison(s):

The community provider liaison(s) will do outreach to organizations/agencies that might want to

refer their clients for participation in Outreach Court. They will participate as a consultant in

meaningful reviews on individual clients, and will also be available to follow up if a team member

has any difficulty communicating with a community provider.

Program Overview

This program follows the American Bar Association (ABA) Commission on Homelessness and

Poverty, following the seven (7) guiding principles for Homeless Court Program. In addition to

the ABA guiding principles, the program is largely modeled after the San Diego Homeless Court

model.

Outreach Court is fundamentally different from the process that occurs in traditional specialty

courts in that the participant takes the first steps in resolving their case by engaging with a

community provider. The community provider will notify the Court of a potential participant by

submitting a Referral Form. The provider will go over the provider’s requirements in their

program for participation in Outreach Court.

The minimum length of time in the program is 30 days with the majority of cases being resolved

within 90 days of the original referral date. The length of time the case remains in Outreach

Court depends on the nature of the charge, and the participant’s progress as outlined in the

community provider’s Advocacy Letter. When scheduled and held, the commencement session

is not mandatory, but individuals are highly encouraged to attend as well as bring guests to

celebrate their progress within their chosen program. Commencement will take place at one of

the volunteer community provider’s facilities.

Meaningful Review Team meetings are held at least once per month but can occur more

frequently at the discretion of the Presiding Judge. Meaningful review meetings will be held at

the Bernalillo County Metropolitan Courthouse in Albuquerque, NM (or via virtual platform)

where the Meaningful Review Team will review the provider’s Advocacy Letter with the

participant’s status and accomplishments in their program. Commencements will be held at the

community provider’s location as determined in advance. The Steering Committee will meet at

least annually to review the program’s policies and procedures, and explore opportunities for

program enhancement and growth.

Target Population

The primary target population for this program will be persons, who are unhoused or

precariously housed. This is defined by the ABA as “individuals who lack a fixed, regular, and

adequate nighttime residence, including those who, due to loss of housing, economic hardship,

or similar reasons are sharing the housing of others or living in motels, hotels or camping

grounds.” Individuals who do not meet the aforementioned criteria will be considered on a case

by case basis. For the purposes of Outreach Court we are expanding this definition and adding

precariously housed individuals and individuals in residential treatment programs/facilities,

sober living homes and also those individuals who are at immediate risk of becoming unhoused.

Eligibility Criteria

 Participant fits the ABA definition of unhoused or precariously housed persons or is at

immediate risk of becoming unhoused or precariously housed.

 All misdemeanor criminal, traffic, parking and domestic violence cases are eligible with

the following conditions:

o Cannot currently have an outstanding warrant in another jurisdiction

o Cannot have had a conviction including a serious violent offense in the last 7

years

o Cannot be entered in a Pre-Adjudication Diversion Agreement on the referred

case(s)

o DWI cases are not eligible for Outreach Court

o Domestic violence or cases including an officer victim will require District

Attorney approval and will be taken into consideration on a case by case basis

 If a participant receives a new charge while in the program, the Meaningful Review

Team will take into consideration bringing (or including) the new charge into Outreach

Court

Participant Screening

All referrals will go to the Program Project Specialist for review. The steps below detail the

process once a referral has been submitted.