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    Mental Health Criteria - Significant mental impairment must be documented by a mental health professional prior to the offense.

    *Criminal History - A current offense must be related to the mental impairment. Misdemeanors and low-level, non-violent felony offenses are considered. Violent offenses against persons, especially if a weapon is involved, are NOT accepted. Exception: Family violence cases are considered on a case-by-case basis.

    Criminal District Attorney Approval - ALL cases are reviewed by the Criminal District Attorney's office for final approval.

    Conditions - Participants must agree to comply with the conditions of the program.

    Conditions of the Mental Health Diversion Program:

    1. Must admit to the commission of the offense by entering an open guilty plea and agree that this admission may be used against the defendant in court, as provided by law.
    2. Must not commit a criminal offense for the duration of the program.
    3. Must not consume alcohol or non-prescribed controlled substances.
    4. Must submit to random chemical testing.
    5. Must cooperate with mental health treatment and/or counseling as recommended.
    6. Must take all psychiatric medications as prescribed.
    7. Must keep all appointments and attend all compliance hearings as scheduled.
    8. Must agree to report to MHDP office and all other appointments as directed.
    9. Must keep the program staff informed of any changes in address, telephone number and employer.
    10. Must consent to the release of protected information as permitted under Texas law.
    11. Must have no contact with any person of disreputable or harmful character.
    12. Must waive his/her rights to a speedy indictment, if charged with a felony offense, and to a speedy trial as provided for under the Code of Criminal Procedure of Texas, as well as the Texas and United States Constitutions.
    13. Must acknowledge that failure to comply with any term of this agreement will cause the State to withdraw from this agreement and proceed with prosecution of this offense.
    14. Acknowledge that upon successful completion of the diversion agreement the defendant shall be permitted to withdraw plea of guilty, the State of Texas shall dismiss the charge in this matter and the charge will be eligible for expunction. However, this result is applicable only to charges that were specifically admitted to this program in anticipation of a diversion and dismissal.
    15. Must attend monthly compliance hearings held in open court as directed.
    16. Must agree to follow any/all directives given by MHDP in accordance with their individual treatment plan and program goals.