California’s Mental Health Diversion Program

In recent years, California has taken significant strides toward integrating mental health considerations into the criminal justice system, acknowledging that some people commit crimes  under extenuating circumstances. The state’s mental health diversion program, established under Penal Code 1001.36, offers eligible defendants a chance for rehabilitation rather than direct punitive measures.

What Is the Mental Health Diversion Program?

California’s mental health diversion program is a pretrial initiative that allows defendants with specific mental disorders to receive behavioral health treatment instead of undergoing traditional prosecution and sentencing. This program acknowledges the impact mental health can have on people’s thoughts and actions, and aims to address the root causes of criminal activity by providing essential interventions.

A defendant must meet the criteria for one or more mental disorders defined in the DSM-5-TR, such as bipolar disorder, schizophrenia, and post-traumatic stress disorder. They should also fulfill several other specific requirements to qualify.

• Connection between mental disorder and offense: The mental health condition must have influenced the commission of the crime, as determined by a thorough review of medical records, witness reports, police reports, and preliminary hearing transcripts.
• Feasibility of treatment: A qualified mental health professional must attest their opinion that the mental disorder can respond to specific treatment strategies, such as medications and talk therapy.
• Consent to treatment and waiver of rights: The defendant must agree to undergo treatment and waive their Sixth Amendment right to a speedy trial. If a defendant’s mental state renders them unable to consent, the court will make provisions to facilitate their entry into the program regardless.
• Public safety consideration: The court must be satisfied that diverting the defendant to a treatment program will not pose an unreasonable risk to public safety. This assessment accounts for the defendant’s criminal history and severity of the offense. It also includes input from attorneys and mental health experts.

The mental health diversion program does not apply to all crimes. Severe offenses like involuntary manslaughter, failure to register as a sex offender, rape, and other violent felonies are ineligible. The exclusion of these crimes highlights the program’s focus on treating people for whom rehabilitation is a safe and viable option.

When to Hire an Attorney

If you face criminal charges, you should hire a knowledgeable defense attorney who understands your case’s legal and psychological components.

• Evaluating eligibility: Assessing whether you meet the legal criteria for diversion.
• Coordinating mental health assessments: Facilitating thorough mental health evaluations and identifying experts to testify on your behalf in court.
• Advocating for your best interests: Arguing for your inclusion in the diversion program based on a detailed understanding of your unique circumstances.
• Monitoring compliance: Complying with court requirements is essential for successfully completing the program.

A Pathway to Treatment Instead of Punishment

California’s mental health diversion program offers a compassionate alternative to traditional criminal prosecution. By focusing on treatment and rehabilitation, the program reduces recidivism while constructively addressing public safety concerns.

If you believe you may qualify for mental health diversion, seek legal representation from Brower Law. Ronald Brower can guide you through the process and advocate for the best possible outcome based on his comprehensive legal expertise.