Those facing criminal charges may assume that they will face jail time, expensive fines, and other restrictions on their freedom if convicted. However, California offers alternative sentencing options, such as mental health diversion, for defendants the court believes will benefit more from treatment than spending time behind bars. Below are some of the most commonly asked questions about mental health diversion in California so you can better understand the range of sentencing options for those facing criminal charges.
What is Mental Health Diversion?
The purpose of California’s Mental Health Diversion program is to provide certain criminal defendants with mental health treatment in lieu of jail time. California Penal Code section 1001.36 states, “On an accusatory pleading alleging the commission of a misdemeanor or felony offense, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant meets all of the requirements.” Those who qualify for mental health diversion will have the opportunity to postpone their case to participate in a treatment program. Upon successful completion, the criminal charges will be dismissed.
Who Qualifies for Mental Health Diversion?
Those facing misdemeanor or felony charges may qualify for mental health diversion. However, the court must determine that the defendant fulfills several eligibility requirements and that the charged offense(s) are not excluded: (1) The defendant suffers from a mental health condition (other than antisocial personality disorder, borderline personality disorder, or pedophilia); (2) their mental disorder played a significant role in the commission of the offense; (3) a qualified mental health expert believes the defendant would respond to treatment; (4) the defendant consents to participate in and comply with a diversion program; and (5) the court finds that the defendant will not pose a significant risk of danger to public safety. The offenses excluded from mental health diversion include most sex offenses and murder.
How Can I Learn More About Mental Health Diversion?
If you are facing criminal charges in Los Angeles County, it’s essential that you enlist the guidance of a trusted criminal defense attorney right away. Your attorney will assess the details of your case and help you understand your options for obtaining the best outcome possible. Together, you can determine whether you qualify for mental health diversion or a similar program that will give you the support you need to get your life back on track.
If you or a loved one is facing criminal charges in Los Angeles County, call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a skilled criminal defense attorney.
