The number of mentally ill individuals coming into contact with the criminal justice system has steadily risen over the years. In the United States, there are a greater percentage of mentally ill men and women in jails and prisons than in the general population. In an effort to combat this growing problem, several types of diversion programs have been established. Mental Health Court (MHC) is one such diversion program designed to divert mentally ill offenders out of the criminal justice system and into mental health treatment. Due to the voluntary nature of MHC participation, mentally ill detainees decide whether to opt-in or opt-out. The current study examined a sample of offenders who were screened for mental illness in the Broward County, Florida Magistrate Court in order to determine eligibility for MHC transfer. The sample consisted of 296 individuals who qualified for transfer. Eighty-two people opted-in and 214 people opted-out. Several participant characteristics (age, gender, ethnicity, history of head trauma, living situation, prior outpatient treatment, prior inpatient treatment, and substance use) were examined in order to determine if these characteristics could serve as predictors of an individual's decision to opt-in or opt-out of MHC. Two variables, living situation and prior inpatient mental health treatment, were found to be significant predictors of decision outcome. Detainees who reported being homeless, tended to opt-in to MHC more often than those who reported having a place to live. Similarly, participants with a history of inpatient treatment tended to opt-in more often than those who denied a history. Overall, identifying characteristics that predict opt-in and opt-out groups will allow mental health professionals to target those who refuse transfer and who most likely continue to cycle in and out of the criminal justice system. With a better understanding of this population of mentally ill, programs that address the special needs of this group might be able to be developed.