(1) A judicial district may establish a mental health specialty court program, which shall consist of at least one (1) mental health specialty court, subject to approval by the Supreme Court in the administrative plan submitted under Supreme Court Administrative Order No. 14.
(2) A mental health specialty court program authorized under this subchapter is also subject to evaluation by the Specialty Court Program Advisory Committee under § 16-10-139.
(3) A mental health specialty court may not order any services or mental health treatment under this subchapter unless: An administrative and programmatic appropriation has been made for services or mental health treatment under this subchapter;
(4) Administrative and programmatic funding is available for services or mental health treatment under this subchapter; and
(5) Administrative and programmatic positions have been authorized for services or mental health treatment under this subchapter.
(6) If the requirements of subdivision (c)(1) of this section are not met, a mental health specialty court may still order services or mental health treatment if the provider waives payment, or if the mental health specialty court program participant has private insurance that will pay for the services or mental health treatment.