FRANKFORT, Ky., Jan. 24, 2025 – A court focused on defendants who have mental health and a co-occurring disorder such as substance use disorder is now serving Bourbon, Scott and Woodford counties, bridging the gap between courts and behavioral health services. The court began operating in November.  

The Mental Health Court program, structured similarly to Drug Court, is for defendants identified as high risk and high needs who have been charged with misdemeanors or felonies. Participants who complete the approximately two-year program may have their charges dismissed through diversion or be granted conditional discharge through probation.

“The goal of our Mental Health Court is to support the participant’s successful return to society, reduce recidivism, increase public safety, and improve the individual's quality of life to benefit future outcomes – not just for the participant, but for the entire community,” said Bourbon/Scott/Woodford Circuit Court Judge Kathryn H. Gabhart, who voluntarily serves as the Mental Health Court judge.   

Bourbon/Scott/Woodford District Court Judge Sarah Hays Spedding said, “The community will further benefit from the establishment of Judge Gabhart’s Mental Health Court in taxpayer savings from a decrease in defendants processing in and out of the criminal justice system.”

Defendants choose to participate and are required to meet with a case manager, participate with clinical services incuding therapy, take any necessary medications and are subject to screens to ensure they aren’t using illegal drugs.

Mental Health Court teams include law enforcement, prosecutors, defense attorneys and treatment providers.

Based on a recommendation from the Kentucky Judicial Commission on Mental Health, the Judicial Branch sought and received funding for 10 new Mental Health Courts from the Kentucky General Assembly in House Bill 264, the branch’s biennium budget for 2024-2026.  

Judges Gabhart and Spedding participated in community meetings with Kentucky Specialty Courts and local partners including law enforcement and attorneys to plan for the Mental Health Court.

Bourbon/Scott/Woodford was the first of the 10 programs to start, with new Mental Health Courts in these counties going live this year: Christian, Clark, Floyd, Franklin, Harlan, Hopkins, McCracken, Perry and Pulaski. That brings the total number of AOC-financially-supported mental health courts to 15 with Daviess, Hardin and Jefferson. A grant-funded mental health court began operating in Johnson County in November, and one will open in Warren County early this year.

“Our judges are so pleased that the General Assembly has provided the necessary funding for us to implement these programs, which are proven to reduce recidivism, incarceration and hospitalization of seriously mentally ill adults living in our communities,” said Jefferson District Court Judge Stephanie Pearce Burke, who serves on the Kentucky Judicial Commission on Mental Health Court Responses Workgroup and is president of the Kentucky District Judges Association.

“When we have the tools to properly address the underlying needs of these most fragile citizens, we not only improve outcomes for the individual, but we also lessen the burden on their families and the community.”

Behavioral Health Liaisons
To help support court efforts to foster a recovery-oriented system of care, the AOC has established eight behavioral health liaison positions to provide guidance and navigation services for potential Mental Health Court participants. The liaisons serve as key connections between the court system and community partners to improve access to necessary treatment and support services.

"Expanding Mental Health Courts and establishing behavioral health liaisons are critical steps toward a justice system that truly supports recovery and for individuals facing mental health and substance use challenges,” said Court of Appeals Chief Judge Larry Thompson, who serves as vice chair of the Kentucky Judicial Commission on Mental Health. “These initiatives will equip our courts with the resources and expertise needed to divert individuals into treatment and support pathways, rather than incarceration, ultimately fostering healthier communities and a more compassionate approach to justice.”

The behavioral health liaisons are regional, and the region that covers Bourbon, Scott and Woodford includes Anderson, Boyle, Bracken, Clark, Estill, Fayette, Fleming, Franklin, Garrard, Harrison, Jessamine, Lewis, Lincoln, Madison, Mason, Mercer, Nicholas, Powell and Robertson.

Specialty Courts
The Department of Specialty Courts oversees the Drug Court, Veterans Treatment Court and Mental Health Court programs. Collectively referred to as Specialty Courts, these programs are similarly structured and supervised and have the same goal – to give participants the tools and support to overcome obstacles to recovery and make positive changes in their lives.

All the programs provide oversight by a judge along with case management and treatment services. Drug testing may be part of an individual case plan. Specialty Courts help individuals charged with criminal offenses who are eligible for diversion and/or probation and are identified by screening tools as being high risk and high need.

The foundation of a successful Specialty Court program is its multidisciplinary team. The judge leads a team of Specialty Court staff, defense attorneys, prosecutors, treatment providers and law enforcement officers. Specialty Courts staff work with participants to create their individualized case plans, and staff monitor participants’ progress. Judges volunteer their time to serve Specialty Courts programs.

Specialty Courts operate as part of the AOC, which pays for treatment, drug testing and case management. There is no cost to participants.

It takes a minimum of 18 months to complete a Specialty Courts program, depending on the level of services needed and a participant’s progress in completing case and treatment plans. Participants who successfully complete their program may have their charges dismissed through diversion or be granted conditional discharge through probation.

These programs offer substantial benefits to individuals and communities by reducing recidivism, cutting incarceration costs, decreasing medical costs, and improving child support and tax revenue as participants gain employment. In addition, the devastating cycle of generational criminal behavior and addiction is broken as participants become healthy, productive members of their communities.

Administrative Office of the Courts
The Administrative Office of the Courts is the operations arm for the state court system and supports the activities of nearly 3,300 employees and 412 elected justices, judges and circuit court clerks. The AOC executes the Judicial Branch budget.

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