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In California, a significant number of incarcerated individuals could have benefitted from appropriate mental health care due to underlying disorders. Many of these individuals have been evaluated and deemed incompetent to stand trial, raising serious concerns regarding the state’s mental health crisis. To address this issue, Governor Brown enacted California’s New Mental Health Diversion Statute in 2018.
The Mental Health Diversion program affords courts the discretion to implement a pre-trial diversion process for defendants facing misdemeanor or felony charges who demonstrate a qualifying mental disorder. This innovative approach aims to provide individuals with the necessary treatment rather than punitive measures.
Despite the advantages of the Mental Health Diversion program, it remains crucial to engage a reputable criminal defense attorney. Having expert legal counsel is essential for establishing eligibility and gathering the required evidence to secure a judge’s approval for Mental Health Diversion treatments, ensuring the best possible outcomes for defendants.
Understanding Excluded Criminal Offenses
Any defendant accused of certain serious criminal offenses is ineligible for the Mental Health Diversion program, regardless of their mental health condition. The following offenses typically exclude individuals from this program:
- Assault with the intent to commit rape, sodomy, or oral copulation
- Commission of rape or sexual penetration in tandem with another person
- Continuous sexual abuse of a child
- Lewd or lascivious acts on a child under 14 years of age
- Murder or voluntary manslaughter
- Rape
Eligible Mental Disorders Under the Program
California’s Mental Health Diversion program applies to a variety of mental disorders recognized in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). Qualified mental health conditions can include, but are not limited to:
- Bipolar disorder
- Schizophrenia
- Schizoaffective disorder
- Post-traumatic stress disorder (PTSD)
Other mood disorders, anxiety disorders, personality disorders, and psychotic disorders may qualify, provided they are diagnosed by a qualified mental health professional. However, specific conditions such as antisocial personality disorder, borderline personality disorder, and pedophilia do not qualify for this program.
To be eligible for Mental Health Diversion, it is essential that the mental disorder significantly contributed to the alleged criminal offense.
Evidence Required for Mental Health Diversion Eligibility
Defendants seeking to qualify for Mental Health Diversion must provide comprehensive documentation from a qualified mental health professional. This should include a detailed diagnosis, along with any other relevant health reports.
Before proceeding with Mental Health Diversion, the presiding judge will closely examine both the defendant’s diagnosis and the prosecutor’s request for the program. If the court approves mental health treatment as part of this diversion, the defendant must waive their entitlement to a speedy trial, shifting the focus toward rehabilitation instead of punishment.
Expectations During the Treatment Period
The treatment duration in the Mental Health Diversion program can extend up to two years. Depending on individual circumstances, this may involve either inpatient or outpatient care. Throughout this period, the mental health provider is required to submit regular progress reports to the court.
The objective of mental health care in this context is to help the defendant establish a healthier, more functional life within the community, both professionally and personally. Should the defendant fail to comply with treatment protocols, the Mental Health Diversion program may be terminated, leading to the resumption of criminal proceedings, potentially with extra charges.
Upon successful completion of the treatment program and the formulation of a long-term mental health care plan, the court will typically dismiss the associated charges. In many cases, arrest records are sealed and destroyed, ensuring that the arrest does not adversely affect the defendant’s employability or ability to obtain benefits and professional licenses. Disclosure of the arrest may only become necessary if applying for a position as a peace officer, though the court and criminal justice agencies can continue to access the records.
Engage the Law Offices of Nabiel C. Ahmed for Your Mental Health Diversion Case
If you face criminal charges in Oakland or the surrounding regions and believe you may qualify for the Mental Health Diversion program, the Law Offices of Nabiel C. Ahmed encourages you to reach out. We provide a thorough evaluation of your situation and discuss potential legal pathways tailored to your needs.
When Mental Health Diversion is a viable defense strategy, attorney Nabiel C. Ahmed will guide you through procuring the necessary evidence and advocating for your interests before the court. Our firm is dedicated to defending our clients’ rights and working tirelessly toward achieving dismissals, acquittals, or reduced charges.
Are you facing criminal charges in the East Bay area and believe you may qualify for Mental Health Diversion? Connect with the Law Offices of Nabiel C. Ahmed today by calling 510-576-5544 to schedule a consultation. Your future is paramount, and we are here to help.
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