John P. Richter, 57, of East Amherst, is charged with DWI, criminal possession of a controlled substance, 7th, criminal use of drug paraphernalia (scales) and unlawful possession of marijuana. Richter was stopped by state police on Route 77 in Alabama at 2:35 a.m., Monday. No further details were released.

Kyler S. Hapeman, 19, of 306 Caroline St., Albion, is charged with unlawful possession of marijuana. Hapeman was allegedly found in possession of marijuana during a traffic stop by Deputy Kevin McCarthy at 7:16 p.m., Monday, on Knowlesville Road in Alabama.

Linda M. Clemens, 49, of Batavia, is charged with criminal mischief and harassment, 2nd. Clemens was arrested by state police at 11 Mix Place, Batavia, at 7:30 p.m, Sunday in connection with an alleged incident in Stafford. No further details were released.

Accidents from the state police blotter:

8:35 a.m., Sunday, Thruway, Le Roy, mile marker 379.6, one vehicle; Driver 1: Patrick D. McCarthy, 41, of Stratford. No injuries reported.

(Updated 8:17 a.m., Tuesday)

Charles Zambito -- currently the county legislator serving District 2 (Elba, Byron and Bergen) -- would very much like to be the new county attorney.

With the retirement of John Rizzo this month, Zambito has let his fellow legislators -- who will pick the new county attorney -- know that he would like the job.

"It’s something that I had my eye on if there was an opening, but who knew if there would be an opening?" Zambito said Monday afternoon. "This is the opportunity and I’m interested."

Inarguably, the Elba resident is qualified. He's clerked for two local judges, worked as a public defender in Monroe County and spent 11 years in the local district attorney's office. He's also got decades of experience in insurance liability and litigation, not to mention the more than eight years he's served as a county legislator.

"Obviously, my experience with the county legislature got me interested in it, but it’s the kind of job that sort of fits with what I’ve been doing for the past almost 30 years," Zambito said.

The legislature will meet in closed session on Wednesday morning to discuss the county attorney position. Zambito's application for the job is likely to be considered. The topic is also on the Ways and Means Committee agenda for Wednesday afternoon.

County Legislature Chairwoman Mary Pat Hancock said since the legislature has not yet discussed the issue as a group, she couldn't say how Zambito's application will be received, but she said Zambito certainly seems qualified for the job.

"He has the experience," she said. "He's a good attorney and he has experience in insurance and risk management."

She added that his experience as a county legislator also helps.

In talking with Chuck on Monday afternoon, he clearly has an enthusiasm for the job and is hoping that the other legislators will support his application. He isn't applying for the job just because it seems like the thing to do -- he sees it as the right thing for him to do at this point in his career.

"I think I can fit in fairly well," Zambito said. "John’s been there a long time – over 30 years – I don’t know that anybody can just step in and replace him, but I think I can probably do as good a job as anybody with my background."

A new eight-bay hangar at the Genesee County Airport, with a price tag of about $600,000, received an initial OK from the Public Services Committee this afternoon.

In three resolutions -- one for construction of a required taxiway apron, another for a consultation agreement, and one for creation of a capitol project budget -- the legislative committee put in motion an effort to increase the amount of hangar space for airplanes at the facility.

Tim Hens, county highway superintendent, said the hangars will generate $30,000 in revenue.

"We already have a waiting list," Hens said. "The last set we built, we filled before they were even completed. The hangars will have an 11-year payback."

The committee voted unanimously to award the contract for apron construction -- at $359,704 -- to Stafford's A.D. Call & Sons. Hens noted it's been a long time since a local contractor won a bid with the county of this significance.

The FCC provides the grant money for construction of the apron, which is required to get the grant money to proceed with the design of the hangars.

C&S Companies out of Syracuse was awarded the design contract.

Once the design is completed, the actual construction of the hangars will go out to bid.

Sales-tax revenue has already been set aside to pay for the anticipated $600,000 construction cost, according to County Manager Jay Gsell.

On the same committee agenda today, the committee approved purchase of two new vehicles for the highway department. The winning bidder is Van Bortel Ford in Pittsford. Some committee members expressed an interest in awarding the contract to Le Roy Motors, which offered a bid only $300 higher than Von Brotel. Gsell cautioned the committee that state law prohibits "local preference" in awarding contracts.

Charles Daniel Bucci, 34, of 22219 Judge Road, Oakfield, is charged with criminal trespass, 2nd, and criminal mischief. Bucci is accused of kicking in the basement door of his ex-girlfriend's house, breaking the glass in the process. He was reportedly found at 2:49 a.m., Saturday, sleeping in the basement.

Sara Jo Likus, 24, of School Street, East Pembroke, is charged with endangering the welfare of a child and criminal trespass. Likus is accused of entering a residence in Le Roy without permission on Wednesday evening and getting in a fight with a woman at that residence. A 5-year-old child was home at the time.

Malik I. Ayala, 18, of 44 Walnut St., Batavia, is charged with robbery, 2nd, petit larceny and endangering the welfare of a child. Ayala is accused of stealing an MP3 player from a 15-year-old youth in the parking lot of MacArthur Park. Another suspect has been identified and is being sought by police. Ayala was jailed without bail.

Amy Lynn Showler, 34, of 9 Pearl St., lower, Batavia, is charged with petit larceny. Showler is accused of shoplifting from Kmart.

Wendelyn Leigh Ruiz, 48, of 177 Menard Drive, Rochester, is charged with DWI and reckless driving. After receiving a report of a vehicle operating erratically and forcing oncoming vehicles on to the shoulder on Route 33 in the Town of Batavia, Sgt. Thomas Sanfratello made contact with a vehicle allegedly driven by Ruiz. Upon investigation, Sgt. Sanfratello concluded that Ruiz was allegedly operating under the influence of prescription drugs.

Adam A. Fusco, 28, of 3613 Retsof Road, Retsof, is charged with DWI, driving with a BAC of .08 or greater and speeding. Fusco was reportedly stopped by Deputy Patrick Reeves at 9:58 p.m., Friday, in the area of 675 Main Road, Pembroke.

Kurt Walter Guhman, 37, of 6213 Route 5, Stafford, is charged with criminal mischief, 4th. Guhman is accused of taking his wife's mobile phone during a domestic dispute, preventing her from making a call for help. Guhman was arrested at 8:15 p.m., Friday. He was jailed on $500.

William Holtz McGorray, 44, of 237 Wright Road, Alabama, is charged with DWI, driving with a BAC of .08, and unsafe turn/failure to signal. McGorray was reportedly stopped by Deputy Jason Saile on Wright Road 2:44 a.m., Friday.

Joseph Nicholas Striegel, 19, of 509 Main Road, Pembroke, is charged with unlawful dealing with a child. Striegel is accused of hosting an underage drinking party. He was arrested at 1:14 a.m., Sunday.

Matthew Scott Williams, 22, of 5012 Hundredmark Road, Elba, is charged with grand larceny, 4th. Williams is accused of stealing a shotgun.

Matthew Legler, 20, of 736 Paul Road, Chili, is charged with grand larceny, 4th. Legler is accused of stealing a shotgun.

Andrew Steven Novak, 47, 7235 Telephone Road, Le Roy, is charged with DWI as a felony and driving with a BAC of .08 or greater as a felony. Novak was reportedly involved in a car accident on Linwood Road, Le Roy, at 5:58 p.m., Sunday. Novak was also issued tickets for alleged failure to keep right and moving from lane unsafely.

Jason M. Wolf, 46, of 8770 Wenner Road, Williamsville, is charged with DWI, driving with a BAC of .08 or greater, speeding and passing in a no-passing zone. Wolf was stopped by Deputy Patrick Reeves at 6:30 p.m., Sunday, on West Main Street Road, Pembroke, after the Sheriff's Office received a complaint of an erratic driver on Route 5, who was allegedly driving at a high rate of speed and passing other cars illegally.

Karri A. Kunst, 36, of 43 Ballantyne Road, Rochester, is charged with DWI, aggravated DWI, operating with a BAC of .08 or greater. Kunst was stopped at the intersection of Clinton Street and East Main Street in Batavia by Officer Matthew W. Baldwin after the dispatch center received a report of an erratic driver on Clinton Street Road, Town of Batavia.

Steen L. Bordonaro, 43, of 30 Woodcrest Drive, Batavia, is charged with DWI, driving with a BAC of .08 or greater, possession of an open alcoholic beverage in a vehicle and unlawful possession of marijuana. Bordonaro was stopped by Officer Frank Klimjack, who was following up on a report of a subject getting involved in a fight at a bar in Oakfield and driving to the city. Klimjack reportedly stopped Bordonaro's vehicle on Lewiston Road in the City of Batavia. Bordonaro was arrested at 12:24 a.m., Sunday.

James N. Lauricella, 23, of Le Roy, is charged with unlawful possession of marijuana, equipment violation and a license plate violation. Lauricella was arrested by state police at 7:30 p.m., Saturday.

Scott B. Humel, 23, of Pembroke, is charged with disorderly conduct (creating a hazardous condition). Humel was arrested by state police at 12:49 a.m., Sunday. No further details available.

Accidents reported on the state police blotter:

8:41 p.m., Saturday, at Park Road, Batavia, two vehicles; Driver 1: Not identified (apparent hit-and-run); Driver 2: Margaret V. Janus, 39, of Albion. One injury reported.

5:36 p.m., March 12, parking lot of 48 Deli Express, Town of Batavia, two vehicles; Driver 1: Mark J. Geitner, 40, of Attica; Driver 2: Marsha K. Barton, 71, of Batavia. No injuries reported.

A little late in the month, but here's the top 10 most viewed posts for February:

• 'Farm Death Bill' to get Senate ag committee hearing
• Landlord who was denied auction property defends his record
• Wheelchair-bound woman dies in State Street fire
• Today's Poll: Is Fox News 'Fair and Balanced'?
• Wanted by the Sheriff's Office: Christopher A. Laird
• Today's Poll: Should the city prevent some landlords from buying foreclosed properties?
• Assemblyman Hawley deems delay of state tax refunds 'unacceptable', by Billie Owens
• Council's auction vote got the attention of landlords, but not necessarily in a good way
• Officials: State Street fire victim involved in previous smoking-related fires
• Council passes $21 million budget, with tax increase, on 7-2 vote

Speaking of supporting locally owned businesses, here's an updated list of the local and regional businesses that support The Batavian.

Without these local sponsors, Billie and I wouldn't be able to bring you the news of Batavia and Genesee County. Please make it a point to patronize these businesses, and let the business owners know you do so because you saw their name on The Batavian.

When you spend your money in local businesses, your dollar goes farther because more of it stays in the community to provide local jobs and support local charities. Make shopping local your first choice.

3 D Wine & Spirits
Adam Miller Toy and Bicycle
Affordable Floor Covering
Alberty Drug Store
Alex's Place
American Home Remodeling
Anglican Community Church
Baker's Frontier Kitchens
Barrett's Batavia Marine and Sporting Supplies
Batavia Downs Casino
Blue Pearl Yoga
Bonarigo & McCutcheon
Bontrager's Auction
Bontrager's Real Estate
Carlson's Studio
Cedar St. Sales and Rentals
Center Street Smokehouse
Charles Men's Shop
Classic Home Improvements
The Color Salon
Country Cottage
Crazy Cheap Cars
D&R Depot Restaurant
Delavan's Restaurant and Tavern
Dog Grooming
The Enchanted Florist
Fastec Automotive
Genesee Dental Group
Glitz and Glamour
Great Kutz
Hair Studio 25
H.E. Turner & Co.
Holland Land Office Museum
House of K
The Insurance Center
Jackson St. Grill/Belladessa's
John's Service Station
Ken Barrett
KleenAll
L.C. Mosman
Lamb Family Medicine
Lawley Genesee
Lewis and Lewis
Main St. Pizza Company
The Mane Attraction
Margarita's 
Mark Lewis Agency
Matteo & Mullen, CPA
Matty's Pizzeria
Max Pies
Movies in Motion
Neptune's Garden
Next Level Fitness
O'Lacy's Irish Pub
Oliver's Candies
Optique
Pauly's Pizza
Pellegrino Auto Sales
Present Tense Books
Pudgie's Lawn and Garden Center
Roxy's Music Store
Sallome's Italian Deli
Select Collision
Settler's
Sloat Tire
Small World Realty
South Main Country Store
St. Joseph's School
St. Paul's Pre-School
Southside Deli
T.F. Brown's
Valle Jewelers
WNY Fireplace Outlet
Wortzman Furniture

I think it would be interesting to learn what people feel they need to leave Batavia in order to get. To me this is the best way to figure out what the town/city is missing and perhaps there is someone one there that either knows somewhere we CAN get "it" in Batavia or we'll come up with some new business ventures for people.

Personally I feel like I need to leave Batavia to see a good movie.  I understand we have a 2 screen theater in town but the offerings are very limited - usually just big budget popcorn flicks or kid's movies. This means I have to drive to Buffalo or Rochester to see anything else - and I'm thinking pretty much everyone in Genesee county feels the same way.

The second thing is a good bottle of wine.  We have many liquor stores in Batavia but I have yet to find anything but the standard fare of mass produced wines. And to be clear although I enjoy nice wines this doesn't mean they have to cost a lot - anyone who has been to Marketplace or Premier knows you can get many excellent bottles of wine under $10 - so why can't we get this in Batavia.

So what do you NEED to leave town for?

I spoke with Ralph Marsocci by phone this Friday afternoon.  He is a tough guy to get hold of.  I tried first at his business, Ralph & Rosie's Deli, and an employee conceded, "I hardly ever see him."  But he did offer Ralph's cell number which connected.  I hadn't prepared Ralph for my call, thus he wasn't prepped for my questions. 

The Village elections are March 16th.  Two trustee seats and the mayorship are on the ballot- none opposed- all Republican-endorsed candidates.  For the past forty years, the good-ol-boy network (a block of approximately 300 call-activated dyed-in-wool Republicans) has limited contested races to sporadic (futile) write-in or third party skirmishes.  There is no active Democratic Party in Bergen.  The village political protocol leans to the food processing plant that has had so many names that locals merely refer to it as the canning factory.  Nothing has been canned there since the 1940s; the food is frozen.  The good-ol-boy network sees to it that cheap electric and water flow into the factory, and complaints of foul odors marring someone's summer barbecue fall on deaf ears. (Tip for Realtors: if you're showing a Village property, do it in the winter when the factory isn't running.  For Town properties- check the Zuber and Pocock manure spreading schedules.)

I had been disappointed by the current mayor, Wayne Bailey, a Bergen newcomer who's administrative apex amounted to renaming a few village roads.  They were avenues; now they're streets.  I asked Ralph Marsocci what his position was on street names.  He wasn't aware of Mayor Bailey's obsession with street-names, so I briefed him on the situation.  Ralph admitted that the issue was not something he had given any thought to. 

I moved on to my hot topic: property taxes.  "They're too high," he hinted.  My version has more to do with getting rid of property taxes.  I explained that income tax was fairer.  "Well, there's nothing we can do about that," he confessed.  I argued that the village was funded by property tax; how the village gets its money seems to infer complicity in the method of taxation.  Ralph wasn't going to commit himself on that topic. 

I gave him a break from my line of questions and asked what his own platform was.  "I'm interested in public safety," he noted, "I think we're over-staffed in that area."  He was describing the village public works department.  "I think we could cutback there and save a little."  I then asked him how he felt about consolidation; Bergen has both Village and Town administration and separate highway departments.  "Yes," he admitted, "I've been for that for a long time."  He didn't offer any detailed vision of a consolidated Bergen, but he seemed to agree that streets could be maintained without two highway departments.

I initially queried Ralph on his affiliation.  "I'm Republican endorsed," he noted.  I asked if he had decided to run or if the party had recruited him.  "I'd been thinking about it a long time," he answered, "I decided to run."  As I mentioned at the outset, a run without Republican endorsement was a masochistic act.  Ralph does not reside in the Village of Bergen.  His business is in the Village of Bergen.  If not for his party affiliation, residency might be questioned- a "Birthers" premise for disqualification.  However, Ralph does pay village taxes.  He has a long history of involvement in both town and village politics, and he has a more impressive involvement in village activities like Park Day, Youth Soccer, Oktoberfest, Masonic events, Bergen 10K Race; no one could question Ralph's qualifications as a standard bearer for the village.

I hadn't satisfied my desire to know the pivotal ingredient in Ralph's candidacy.  I knew his history in the community and his irrepressible drive to revive the business district.  Ralph already has outlets at hand to mobilize those efforts.  Eventually, he drifted onto a topic that seemed to exert more fire than inspiration.  "...Like what they did with the trash pickup," he elaborated, "I pay alot more for that."  Trash fees- okay- if that's what it took to get Ralph to run; I'm for it.  At the end of our conversation, I told Ralph he could count on my vote.  I meant it, and being morally opposed to uncontested elections, that's a major concession.

The National Weather Service has issued a flood warning for Tonawanda Creek, but it sounds like the only severely high water will be in Erie County.

None of the roads listed that may flood -- Fletcher, Burdick, Kirby and Tonawanda Creek -- are in Genesee County.

The creek is expected to crest at 12.8 by Monday evening, and 12 feet is considered flood stage. The NWS issued gave no indication for high creek levels in Batavia and Genesee County.

The creek is running high, though.

The anticipated rainfall in Genesee County over the next 24 hours is expected to be less than an inch.

Photo: Tonawanda Creek off of Walnut Street in Batavia.

How often does this happen? Batavia got a visit from two acclaimed authors last week -- two days in a row!

The first was Garth Stein, author of the 2010 Tale for Three Counties committee pick, "The Art of Racing in the Rain." At the committee's invitation, Stein came to speak to readers and sign autographs at the Richmond Memorial Library on Thursday night.

This latest work is Stein's third novel and it's about a Seattle family as told by none other than -- Enzo, the family dog.

Stein's book had the honor of a 38-week streak on the New York Times bestseller list, won several awards and honors, and has been translated into 31 languages. Stein recently signed a film deal with Universal Studios and hopes to see the book made into a movie in the near future.

The second author was award-winning children's writer Robert D. San Souci, who came to speak to the children and sign autographs at John Kennedy Elementary School Friday afternoon.

San Souci's works include "The Talking Eggs," "Cendrillon: A Caribbean Cinderella," the "Dare to be Scared" series and "The Legend of Scarface." He also wrote the story for the 1998 Disney film "Mulan." His visit to JK was arranged by Donna Katter, program assistant for Genesee Valley BOCES' School Library System.

Whether you were in the almost-over-crowded reading room at RML or sitting in the school cafeteria as hand after hand after hand shot up from the crowd of fifth-graders during the Q&A session, you would have gotten a good idea of just how much people still appreciate their writers.

Both authors read portions of their books and shared funny anecdotes from their lives and careers, including the setbacks they have faced while trying to get their work published.

Stein, for example, talked about having gone from one agent to another before he finally found someone who wanted to take a chance on a book narrated by a dog.

San Souci -- who realized he was destined to become a writer in second grade -- said that he wrote persistently for many years, facing a long string of what he called "thanks, but no thanks" letters from publishers.

Both men were kind enough to share some of their thoughts, insights and comments with The Batavian after signing autographs -- at RML and the JK Media Center, respectively.

Billie and I were honored to be guests of the Stafford Fire Department last night at their annual awards dinner and casino night.

Above are the big award winners: Chris Scopano, firefighter of the year; Jeff Plaisted, most call responses; Megan Rumsey, most firematic training hours and most EMS training hours; Brian Breemes, total training hours (firematic and EMS) and most EMS training hours; and, Paul Hendel, chief's award.

More pictures from the evening after the jump:

Batavia boys and Elba girls, each played close games on Saturday, but Batavia will advance to the next round of the state tournament while Elba's impressive season comes to a close.

The Blue Devils (20-3) locked in a 40-38 victory over Olean at Buffalo State when Andrew Hoy sunk two free throws with 32 seconds left to play. A desperation 3-point try by Ryan Carney for Olean (20-3) came up short.

Later Saturday at Gates-Chili, Elba fell to Clymer, 39-36.

Elba finishes the season with a 22-1 record.

McKenzie Bezon led the Lancers with 9 points.

Saturday, Andrew Hoy knocked down 14 points and Josh Budlong added 10. Coco Irvin and Justin Washington each had 8.

Batavia's next game is in Glens Falls at 8:30 p.m., Friday against Section III champion Westville (20-2). If the Blue Devils beat Westville, the state championship for Class B will be played at 9 p.m., Saturday in Glens Falls.

Kay and Cheryl from the local Cornell Cooperative Extension were out on Central Avenue on Saturday morning with Care-A-Van Ministries. They brought along delicious snack treats for all as well as information regarding the services their office has to offer. Kay and Cheryl were a big blessing to many. The kids truly enjoyed the snacks.

Kay and Cheryl had the opportunity to be able to share with many as 35 families with 81 family members visited the Care-A-Van bus for groceries and prayer.

A special thanks to Cornell Coopertive extension for reaching out to the community on this rainy chilly morning.

Indian Falls and Pembroke Fire are responding to the report of a wire down in the area of 1448 Indian Falls Road.

It has caused, reportedly, a very small grass fire.

A flood watch has been issued for the region by the National Weather Service.

The watch is effect through Sunday afternoon.

The forecast calls for an inch of rain over the next 48 hours. The rain combined with snow melt has increased the chance of water levels in creeks and streams rising to bank levels.

The weather service encourages residents to monitor media outlets for any changes in flood conditions, including possibly raising the alert level to "warning."

People in areas prone to flooding should prepare to take appropriate actions.

Photo: Tonawanda Creek behind the Genesee County Court House this afternoon.

Settler's Restaurant, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Delavan's Restaurant and Tavern, 107 Evans St., Batavia, NY: To me, Delavan's is one of those restaurants where you want to eat frequently until you try everything on the menu. We have a $20 gift certificate for $10.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Matty's Pizzeria, 4152 W. Main St., Batavia, NY: Matty's is another Batavia favorite for pizza and wings. We have a $20 gift certificate for $10.

Center Street Smoke House, 20 Center St., Batavia, NY: Authentic Southern BBQ, from ribs to brisket with all the fixin's. We have a $25 gift card for $12.50.

Margarita's Mexican Restaurant, 15 Jackson St., Batavia, NY: When you're looking for an authentic Mexican meal, Margarita's is the place to go. The food and atmosphere are perfect and the service is always outstanding. We have a $20 gift certificate for $10.

NOTE: If you've never bought Deal of the Day before, or are otherwise unfamiliar with the rules and process, click here.

SOLD OUT

All too often a person with a mental illness cycles in and out of the criminal justice system, never really getting the kind of assistance he or she needs to break the pattern.

They may stop taking their meds, get high on drugs or alcohol, and wind up committing a crime. They are no less culpable for their actions, but they can make better choices, move forward and be less likely to get into trouble, if they plug into the many resources available to them in Genesee County.

So say the proponents of the Mental Health Treatment Court, which is a new division of Batavia City Court. It accepted its first case last June, before being officially designated as a mental health court in November.

On March 23, an opening ceremony will take place at the courthouse with many of the stakeholders present, including the Hon. Robert J. Balbick, who also presides over city and drug treatment courts and the "veterans' track" cases.

He has spent 20 years on the bench and during that time has seen the growth and advancement of treatment courts.

"People who have mental-health issues, traditionally, haven't been dealt with effectively by the criminal-justice system," Balbick said. "People with a mental illness will not respond in the same way to ideas, programs, etc., as a person without a mental illness.

"We run our court differently. We're trying to encourage, to put people in a place where they can take control of their lives. We are not as coercive. ... Mental health is different than other treatment courts and the (public) response to it is different than others."

Chief Court Clerk Linda Giambrone said the plans for the opening are definately unlike any other held at the courthouse to date. A flautist will play softly before and after the ceremony, a classical guitarist is being sought to perform and art works produced by the mentally ill will be showcased. There's a brunch reception afterward.

"Sometimes the treatment courts are seen as 'soft justice,'" Balbick said. "But they're not. We make that person accountable -- maybe financially, certainly to the community. Hopefully, the person doesn't recycle back into the system. I'd rather see them go through the treatment process."

That process typically begins with recommendations from law enforcement, the public defender's office, doctors and other professionals. Resource Coordinator Nicole Desmond, who has a strong background in the mental-health field, reviews these and is part of a team which evaluates whether a defendant is a good match.

The team includes representatives from Genesee County Mental Health, Mental Health Association in Genesee County, ACE Employment, Horizon Village Recovery Center, GCASA, Atwater House, Genesee Justice, the D.A.'s office, public defenders' office and assigned counsel.

Desmond's job at the courthouse is to bring together a variety of providers and services to address these unique and often complicated cases.

"With the decentralization of psychiatric hospitals, people have fallen through the cracks," Desmond said. "I think this is a positive way to get people to take better care of themselves."

Of course, the major of people living with mental illness never see the inside of a courtroom because they've never broken the law. They are productive citizens who hold jobs, go to school, raise families, etc., despite their diagnoses.

The prime candidate for mental health court has committed a crime but is not a threat to others. It has been determined he or she has mental health issues that are biological in nature, apart from any other issues, like behavioral problems and substance abuse, which often compounds the complexities of these cases.

Currently, 11 people are participating in the mental health treatment court, which is held from 3 to 3:30 p.m. on Thursday in the Batavia City Court. Their diagnoses include: traumatic brain injury, mental retardation, developmental delays, post-traumatic stress disorder and serious mental illness. Eight of the cases also have an alcohol and/or substance abuse diagnosis and are active in outpatient treatment.

For now, only people eligible to have their cases heard in Batavia City Court can participate. But if someone say, from Pavilion, also had a diagnosed substance abuse problem, a recommendation for mental health court could be considered.

"We give people opportunities to link to treatment to help themselves," Desmond said. "We focus on treatment, we monitor them and help them stay connected rather than just getting into trouble and going to jail. Somebody can live with mental illness but they function better if they are plugged in."

With the exception of hiring Desmond, there have been little or no public expenditures to create and run the mental health court, according to the judge. He admits it means more work for the public defenders' office, because the cases are often more complicated and therefore more time consuming.

But the other key entities are already in place and operating. It's just a matter of pulling the resources together, like working a puzzle, to get the best outcome, the judge said.

People who receive or qualify for SSI, Medicare and Medicaid don't have to worry about paying for treatment, thanks to taxpayers, who also foot the bill for the costs of incarceration.

But the working poor, those with only catastrophic health-care coverage and those who can't afford to pay high co-payments struggle the most in trying to fund their mental health treatments. A "sliding scale" based on the ability to pay helps.

One of the biggest problems the Mental Health Treament Court faces is the lack of bed space for treatment and the availability of housing.

"It's a systematic problem," Balbick said. "One thing that's not available here is a crisis center. In an emergency situation, our options are limited to incarceration or a civil commitment to a hospital. That's one of our challenges."