Mental Health Diversion Attorney in Murrieta
When mental health symptoms are part of a criminal case, the consequences can reach beyond the courtroom. You may be worried about a conviction while also trying to find appropriate care for yourself or someone you love. Mental health diversion may offer eligible defendants a way to receive treatment and work toward dismissal of their charges.
What Is Mental Health Diversion in California?
Mental health diversion is a pretrial program under Penal Code section 1001.36. If the court grants diversion, prosecution is postponed while the defendant participates in an approved mental health treatment program. The goal is to address the condition connected to the alleged conduct while protecting public safety.
This option can apply to eligible misdemeanor and felony cases. It is different from serving probation after a conviction: satisfactory completion of diversion can result in dismissal of the charges covered by the program.
Who Qualifies for Mental Health Diversion?
The court considers both eligibility and suitability. Two central eligibility questions are whether the defendant has a qualifying mental disorder and whether that disorder was a significant factor in the alleged offense. A mental health diagnosis is important evidence, but it does not resolve every requirement.
The court also evaluates whether:
- A qualified mental health expert believes the relevant symptoms would respond to treatment.
- The proposed treatment program meets the defendant’s particular needs.
- The defendant consents to diversion, generally waives the right to a speedy trial, and agrees to comply with treatment. Special rules apply in certain competency cases.
- The defendant meets the applicable public safety standard for treatment in the community.
Your attorney can evaluate these requirements alongside the charge, treatment history, and other evidence. Approval depends on the applicable law and the court’s evaluation of the case.
What Mental Health Conditions Can Qualify?
The law refers to disorders recognized in the current Diagnostic and Statistical Manual of Mental Disorders. Examples include bipolar disorder, schizophrenia, schizoaffective disorder, and post-traumatic stress disorder. This is not a complete list. Antisocial personality disorder and pedophilia are expressly excluded.
Supporting records and an appropriate clinical assessment matter. If you are already receiving care, records from your treatment provider may help document your diagnosis and history. If relevant records are unavailable, your attorney can discuss what additional documentation or assessment may be needed. You should not assume that symptoms alone establish a qualifying diagnosis.
What Charges Are Excluded From Mental Health Diversion?
Some current charges are excluded by law. Examples include murder, voluntary manslaughter, rape, and specified other sexual offenses. Many offenses requiring sex offender registration are excluded, although the statute contains an exception for indecent exposure.
This is not an exhaustive list, and other laws can affect eligibility. The precise offense must be reviewed before deciding whether diversion is available.
How Do You Request Mental Health Diversion?
Preparing a request involves connecting the legal requirements with evidence about the defendant’s mental health and a workable treatment proposal. Depending on the case, that preparation may include:
- Reviewing the charges, reports, and relevant case history.
- Obtaining appropriate medical records or mental health reports.
- Identifying treatment providers and a proposed level of care.
- Explaining how the evidence supports eligibility and suitability.
The defense presents the request to the court, and the prosecution may respond or object. The judge considers the request and supporting information. If the court grants diversion, the defendant must follow the approved program and court orders.
Discussing this option early gives your attorney time to investigate eligibility, obtain records, and address treatment access before important decisions in your case.
What Does the Treatment Program Involve?
Treatment is individualized. Depending on clinical recommendations and court approval, a plan may involve outpatient care, residential treatment, therapy, medication management, or coordinated services for additional treatment needs.
Participation can also require review hearings and progress reports. Treatment providers supply information about the defendant’s participation and progress so the court can monitor the program. Your attorney can explain the reporting requirements and how relevant health information will be shared.
Before agreeing to diversion, you should understand the appointment schedule, costs or insurance arrangements, and court conditions. A plan needs to be practical as well as clinically appropriate.
How Long Does Mental Health Diversion Last?
The maximum period depends on the charge. Mental health diversion may last up to one year for misdemeanor cases and up to two years for felony cases. The court determines the actual period and monitors compliance during that time.
What Happens After Successful Completion?
If the defendant performs satisfactorily, the court must dismiss the criminal charges covered by diversion. Under the statute, the arrest is then deemed never to have occurred, and the court must order restrictions on access to the arrest record.
Exceptions remain. Criminal justice agencies can access certain sealed information, and peace officer applications have specific disclosure requirements. Your attorney should explain how these protections apply to your record.
What Happens If Treatment Does Not Go as Planned?
Unsatisfactory performance or certain new criminal allegations can lead to a hearing. The court may consider modifying treatment or reinstating criminal proceedings, depending on the circumstances.
If you encounter a treatment problem, tell your attorney promptly. Missing appointments, losing access to a provider, or misunderstanding an order should be addressed before the problem grows.
Explore Your Other Diversion Options
Mental health diversion is one potential approach to resolving a criminal case. Depending on your circumstances, military diversion or misdemeanor judicial diversion may also deserve consideration.
Speak With a Mental Health Diversion Attorney in Murrieta
If mental health concerns may be relevant to your pending criminal case, our office can review your options and explain the evidence, treatment planning, and court process involved. We can also discuss other defense strategies if mental health diversion is unavailable or inappropriate.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call or text (951) 395-0511 for a free and confidential consultation, or contact our office online to discuss your case.