Although California’s mental health diversion program is relatively new (the state legislature passed it in 2018 “as a way to expand access to community-based services for people with mental health needs in the criminal justice system”), early data suggests that this alternative to more traditional and punitive sentencing options is reducing rates of recidivism and connecting struggling defendants with the services they need. Essentially, the mental health diversion process aims to provide defendants whose mental health issues played a significant role in the commission of a crime with the treatment services they need. Instead of receiving this treatment after serving jail time or paying fines, defendants who qualify for mental health diversion can receive treatment much sooner. Upon successful completion of the court-approved mental health treatment program, the charge against you will be dismissed, and your criminal record will remain clear. However, it’s important to recognize that there are several eligibility criteria that a defendant must meet in order to be able to participate in the mental health diversion process.
Those who qualify for the mental health diversion process in Los Angeles County benefit from the guidance of a highly qualified and knowledgeable criminal defense attorney who can help them to understand the specifics of this program and what to expect during the process. Additionally, there are factors that can significantly enhance the participant’s chances of success, such as strong familial involvement. Let’s take a closer look at the importance of family involvement in mental health care and how enlisting the services of a trusted Los Angeles County criminal defense lawyer can maximize your chances of obtaining a fair and favorable outcome that allows your future to remain as bright as possible.
Qualifying for California’s Mental Health Diversion Process
First, it’s helpful to understand how the mental health diversion process works in Los Angeles County and how defendants can qualify for this option. California Penal Code 1001.36 sets forth the eligibility requirements that defendants must meet in order to qualify for this process. Below is a brief overview of the requirements that must be met for participation in the mental health diversion process in Los Angeles County.
Formal Diagnosis of a Qualifying Mental Illness
The defendant must have “been diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia.” In other words, a qualified mental health expert must have made a formal diagnosis within the last five years, or the defendant must show that they sought treatment for the diagnosis within the last five years.
The Mental Illness Played a Role in the Commission of the Crime
Next, the defendant or their legal counsel must show that their mental disorder “was a significant factor in the commission of the charged offense.” This link can be established through several types of supporting evidence, such as police reports, witness statements, testimony from the defendant’s mental health provider, medical records, or other relevant documents. The statute was amended so that there is a legal “presumption” that this prong is satisfied by the diagnosed condition itself unless the prosecution can prove, by clear and convincing evidence, that the mental illness was not a significant factor. This has made satisfying this prong much easier.
The Defendant Agrees to Treatment
Once a mental health professional can inform the court that they believe the defendant would benefit from treatment and participation in the mental health diversion process, the court will determine whether allowing the defendant to participate in this program would not pose an unreasonable risk to public safety. If the court approves of the defendant’s request to participate in this process, the defendant must waive their right to a speedy trial and agree to the terms of the proposed treatment program. Any deviation from the established treatment program may be grounds for court intervention or a reinstitution of the criminal charges against the defendant. Successful completion of the program, on the other hand, results in the dismissal of the charges so that the defendant can move forward with a clean slate.
How Can Family Help With Mental Health Diversion?
While many eligible defendants benefit from participating in the mental health diversion process, there are additional factors that can enhance their chances of success along the way. In any context, family involvement in someone’s mental health treatment has a considerable impact on the patient. When someone struggling with mental health challenges feels supported, accepted, and uplifted by their family members, they are more likely to respond positively to treatment. Research has shown that family support in those with mental health challenges often leads to better patient outcomes, including “fewer relapses, longer duration between relapses, reduced hospital admissions, shorter inpatient stays, and improved compliance to medication and treatment plans.” Below are just a few of the ways in which family support in mental health diversion can maximize the benefits for eligible defendants.
Family Involvement Fosters Stability
When someone participates in California’s mental health diversion process, they must adhere to the court-approved treatment plan. Supportive family members can help the participant stay on schedule and attend the sessions and appointments so that their eligibility does not become endangered. With the support of family members, the participant often finds it easier to stay on track and progress toward the treatment goals.
Providing Emotional Encouragement
The therapeutic process can be draining and daunting for many people struggling with mental illness. Participants may feel depleted, drained, or overwhelmed during the treatment, so relying on supportive family members is crucial to help the patients feel stable and secure. If medication is a component of the treatment process, family members can help the participant take the correct dosage as prescribed by their mental health professional to stay on track and move through the treatment program with greater ease.
Discuss Your Options With a Trusted Legal Advocate Today
Facing criminal charges of any kind can be an overwhelming and intimidating experience. Before you assume the worst, it’s essential to discuss the specifics of your case with a highly qualified and experienced Los Angeles County criminal defense lawyer. Together, you can evaluate your legal options and identify the most strategic path forward that aims to keep your future as bright as possible.
The highly experienced and dedicated criminal defense attorneys at Wegman & Levin have a long track record of success built on straightforward representation, professionalism, and superior service. If you are facing criminal charges in Los Angeles County, call (818) 980-4000 as soon as possible to schedule a free consultation with a knowledgeable and trusted criminal defense lawyer.
