What Is Mental Health Diversion?

In recent years, the number of incarcerated individuals has seen a slight decline; however, overcrowding in prisons remains a significant issue. Among those behind bars, individuals with mental health conditions continue to be detained without proper care and treatment. Fortunately, California Penal Code § 1001.36 offers a vital lifeline for defendants with mental disorders who have been charged with either misdemeanors or felonies, presenting them the opportunity for pretrial diversion.

This diversion process allows for a temporary or permanent postponement of the prosecution, enabling defendants to receive necessary treatment for their mental health conditions. Notably, diversion can occur at any phase of the judicial process, from the initial charge to the final judgment (or adjudication).

Understanding Mental Health Diversion

Mental health diversion programs are designed specifically for individuals whose mental health issues substantially impact their behavior. This section provides an in-depth look at who may qualify and what the process entails.

Who Is Eligible for Mental Health Diversion?

While many individuals suffer from mental health issues, not everyone qualifies for diversion. For a defendant to be considered for pretrial diversion, certain criteria must be met:

• The individual must suffer from a recognized mental illness categorized in the Diagnostic and Statistical Manual of Mental Disorders, such as bipolar disorder, schizophrenia, or PTSD. Excluded conditions include antisocial personality disorder, borderline personality disorder, and pedophilia. Documentation from a qualified medical professional supporting the diagnosis is mandatory.
• The defendant’s mental illness must have significantly influenced the actions leading to the crime. The court will examine various evidence types, including police reports, testimonies from witnesses, and medical records to confirm this link.
• A mental health professional must ascertain that the defendant’s conditions could be positively influenced by treatment, particularly about the crime in question.
• The defendant must consent to the diversion and waive their right to a speedy trial, acknowledging that the court may proceed even if they are not deemed mentally competent if there is evidence that diversion is beneficial.
• The defendant must comply with the treatment requirements prescribed by relevant healthcare professionals.
• The court must determine that the defendant poses no threat to public safety during community treatment, formulating decisions based on insights from the district attorney, defense, and mental health professionals while evaluating the individual’s criminal history.

Ineligible Offenses for Mental Health Diversion

Certain charges disqualify defendants from being considered for the diversion program. These include:

• Murder or voluntary manslaughter
• Rape
• Sexual acts against minors, including lewd or lascivious acts on children under 14 years of age
• Assault with the intent to commit sexual offenses (as defined in California Penal Code § 220)
• Collaboration in sexual crimes involving minors (California Penal Code § 264.1)
• Continuous sexual abuse of a child (California Penal Code § 288.5)
• Violations that involve the use of weapons of mass destruction against individuals, which results in significant harm (California Penal Code § 11418(b) or (c))
• Any charges that necessitate sex offender registration, except for cases related to indecent exposure.

Receiving Treatment Through the Mental Health Diversion Program

This section outlines the expectations for treatment within the mental health diversion framework in Oakland, California.

Foundational Treatment Requirements

The courts require that the treatment provided to the defendant meets the following conditions:

• The treatment plan, whether inpatient or outpatient, must align with the individual needs of the defendant.
• Healthcare providers will be mandated to deliver regular updates regarding the defendant’s progress to the court, prosecution, and defense.
• The duration of treatment intended to divert criminal proceedings should not exceed 2 years.

Monitoring Progress Through the Treatment Program

Regular monitoring of the defendant’s progress is crucial. If the treatment plan needs adjustments, or if it’s deemed that the defendant is not responding well, a hearing will take place to reassess their status.

A hearing can be triggered by various factors, including:

• Charges being brought against the defendant for additional misdemeanor offenses reflecting violent tendencies.
• New felony charges being filed against the defendant during the diversion period.
• Incidents of criminal conduct that disqualify the defendant from remaining in the diversion program.

Financial Responsibility for Treatment

Who Covers the Costs?

The financial aspect of treatment under the mental health diversion program can be supported through private or public funding. Defendants unable to afford private treatment have options available, as courts may refer them to county mental health agencies or collaborative programs, assuming those entities are willing to oversee the defendant’s treatment.

Final Steps Upon Treatment Completion

The outcome following the completion of the diversion program can vary:

• If the individual successfully completes the program, addressing all requirements, the criminal charges may be dropped.
• Completion is recognized upon avoiding further unlawful behavior unrelated to mental health issues, compliance with diversion requirements, and formulating plans for continued mental health care.
• If the diversion is unsuccessful, the judicial process will resume based on the criminal charges initially filed.

Get Expert Legal Assistance

If you or a loved one is facing charges connected to mental health conditions, seeking legal counsel is essential. At the Law Offices of Nabiel C. Ahmed, located in Oakland, California, we have extensive experience in assisting clients through complex legal matters, including navigating mental health diversion programs. Our dedicated team is poised to advocate for you or your loved one to guarantee the necessary care and support.

To arrange your confidential consultation, reach our office directly at 510-576-5544 or complete our online contact form. Let us partner with you in securing the justice and assistance you deserve.