The U.S. criminal justice system ensures that those found guilty of breaking state and federal laws face consequences for their actions. Most convictions include penalties like incarceration, fines, community service, probation, and other forms of punishment that aim to deter individuals from committing more crimes in the future. However, recent efforts to add less punitive and more rehabilitative options to the California criminal justice system have affected the ways in which courts approach certain cases. For instance, California’s mental health diversion program provides certain qualifying individuals the option of completing court-approved mental health treatment in lieu of jail time. Defendants with documented histories of mental health disorders may be able to seek treatment instead of serving jail or prison time, as incarceration may worsen mental health struggles or prove ineffective in deterring these individuals from engaging in future criminal conduct. So, what does mental health diversion eligibility look like for those interested in considering this option? This post will explore how California’s mental health diversion program works, the mental health conditions that qualify for this option, and how working with a highly experienced and knowledgeable Los Angeles County criminal defense lawyer can maximize your chances of obtaining a fair and favorable outcome.
What is California’s Mental Health Diversion Program?
The goal of California’s mental health diversion program is to address the mental health needs of defendants in a supportive and constructive manner instead of putting them behind bars, where their mental health support may be insufficient, intermittent, and inadequate. California Penal Code sec. 1001.36 states, “(a) On accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (d), the court may, in its discretion and after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant satisfies the eligibility requirements for pretrial diversion…and the court determines that the defendant is suitable for that diversion.” In other words, the California criminal justice system recognizes that qualifying defendants may participate in mental health diversion instead of more traditional punishments (like jail or prison time), provided that they fulfill the eligibility criteria. Upon successful participation in California’s mental health diversion program, the court will dismiss the criminal charges against the defendant and have the arrest record sealed.
Mental Health Diversion Eligibility Criteria in Los Angeles County
In order to qualify for California’s mental health diversion program, several requirements must be met before this option becomes available to you. First, 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.” This diagnosis must have been made or treated by a qualified mental health expert within the last five years. Additionally, a qualified mental health expert must be able to attest that the defendant exhibits symptoms of a mental disorder that caused, contributed to, or motivated the criminal behavior, and that these symptoms would respond to mental health treatment. It’s important to note that certain criminal offenses are not eligible for mental health diversion. These crimes include: Murder, voluntary manslaughter, rape, assault with intent to commit rape, and other serious offenses that require registration as a sex offender.
Requesting Mental Health Diversion
If a qualified mental health expert attests that your participation in a mental health diversion program would benefit you and treat your symptoms, it’s important to recognize that you will be required to adhere to several requirements. For instance, giving your consent to participating in the mental health diversion program waives your rights to a speedy trial (in most cases), and you agree to comply with all recommended treatments as a condition of your diversion program. Additionally, the court will determine whether your participation in the mental health diversion program poses an unreasonable risk of danger to public safety if you are treated in the community (rather than incarcerated). As the court makes its decision, it will consider several factors and weigh many types of evidence, including “the opinions of the district attorney, the defense, or a qualified mental health expert,” as well as “the defendant’s treatment plan, the defendant’s violence and criminal history, the current charged offenses, and any other factors that the court deems appropriate.” If you are interested in learning more about mental health criteria and California’s mental health diversion program, reach out to a dedicated and experienced Los Angeles County criminal defense attorney to get started.
What the Mental Health Diversion Program Looks Like
If the court believes you are eligible for participation in a mental health diversion program, the requirements and terms of your participation will be established. Essentially, you are agreeing to participate in an inpatient or outpatient mental health treatment program, which necessitates the postponement of the prosecution proceedings while you undergo treatment. The program lasts a maximum of two years for felony offenses and one year for misdemeanor crimes. The providers of the program are obligated to issue regular progress reports to the court (and the prosecution) to track your responsiveness to the treatment and therapies. If any issues arise during the course of your treatment, such as new criminal charges or the provider’s opinion that you are not responding to the treatment, the court will hold a hearing to modify the existing treatment program or reinstate the criminal proceedings against you. Upon the successful completion of the mental health treatment program, the court will dismiss the charge and have the arrest record sealed—which means that these records cannot be used to deny you employment, housing, or other benefits.
Aggressive Legal Advocacy When You Need it Most
Your future is extremely important, so now is not the time to leave it up to chance. If you are facing criminal charges in Los Angeles County, contact a skilled and highly qualified criminal defense law firm to ensure that your legal rights remain protected at every step of the criminal justice process. Your attorney will work with you to identify the most strategic path forward so that you can secure the most favorable outcome possible given the specific circumstances of your case.
If you are facing criminal charges in Los Angeles County, you deserve top-quality legal representation to ensure that your constitutional rights remain upheld and protected at every opportunity. Call Wegman & Levin right away at (818) 980-4000 to arrange a free consultation with a highly qualified and experienced criminal defense attorney.
