Mental health diversion is explained under Penal Code 1001.36. In California, a defendant is able to receive treatment if they suffer from a mental disorder. Thus, this is referred to as a “pretrial diversion.”
A pretrial diversion postpones a defendant from taking further action on their case so that they may participate in a mental health treatment program. Thus, this allows the defendant to attend treatment and avoid jail time.
The treatments that are available under the mental health diversion can be any of the following:
It is important to note that the judge must approve of the treatment plan the defendant wishes to receive prior to attending.
The treatment the defendant seeks can last anywhere up to two (2) years, which can be conducted either as an outpatient or inpatient treatment.
If and when a defendant successfully completes their treatment, their criminal charges will be dismissed and will be as though the defendant had never been arrested to begin with. Furthermore, their record of the arrest will be sealed.
If the defendant fails to complete their treatment plan, their criminal charges will be reinstated. In other words, the criminal charges pending before the defendant may not be dropped and the defendant’s case may proceed forward.
Some examples of why a defendant may fail to complete a treatment plan include:
Defendants who qualify for mental health diversion must meet the following conditions:
The following list includes examples of violations ineligible for mental health diversion:
If you or someone you know has been charged with a crime eligible for a mental health diversion, contact our Los Angeles criminal defense attorneys at (310) 943-1171 for a free consultation. Our attorneys will evaluate the details of your case and let you know what to expect and how you can proceed.
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