When someone is arrested in California and struggling with a mental illness, the criminal justice system can feel especially overwhelming. Traditional prosecution often fails to address the underlying issues that contributed to the arrest in the first place. Recognizing this, California created a legal pathway that prioritizes treatment over punishment. Known as the California Mental Health Diversion Program, this option allows eligible defendants to receive professional mental health care rather than face a criminal conviction.
At Griffin Law Office, APC, our San Diego criminal defense attorney helps clients throughout San Diego County understand how mental health diversion works and whether they may qualify. For individuals facing criminal charges and mental illness, this program can be a life-changing opportunity to regain stability and protect their future.
What Is the California Mental Health Diversion Program?
The California Mental Health Diversion Program was created under Penal Code Section 1001.36 to allow courts to postpone criminal proceedings while a defendant receives mental health treatment. If the individual completes treatment, the court can dismiss the charges entirely.
This program represents a significant shift in California’s approach to criminal behavior. Instead of viewing mental illness through a purely punitive lens, the law acknowledges that untreated conditions can contribute significantly to harmful or unlawful actions. With diversion, the goal is to reduce repeat offenses, encourage recovery, and give defendants a fair chance to rebuild their lives.
Who Is Eligible for California Mental Health Diversion?
Eligibility for California mental health diversion is determined on a case-by-case basis. Courts look closely at the nature of the offense, the defendant’s mental health history, and the likelihood that treatment will reduce future risks.
To qualify, a defendant must meet several key requirements:
- A Diagnosed Mental Disorder
The defendant must have a qualifying mental disorder, such as depression, bipolar disorder, PTSD, schizophrenia, schizoaffective disorder, or anxiety conditions. Substance use disorders alone do not qualify, although they may be considered if they exist alongside another diagnosis.
- The Disorder Must Have Contributed to the Crime
There must be evidence showing that the mental illness played a significant role in the criminal behavior. This does not mean the illness must be the sole cause; it only means it was a contributing factor.
- A Mental Health Professional Supports Diversion
A qualified mental health expert must provide an opinion that the defendant would benefit from treatment and that treatment would address the issues that contributed to the offense.
- The Defendant Agrees to Treatment
Diversion is voluntary. The defendant must be willing to participate in treatment and comply with the court’s supervision.
- The Individual Is Not Considered a Public Safety Threat
The court must determine that the defendant does not pose an unreasonable risk of danger to public safety if released for treatment.
Meeting these requirements opens the door to a diversion plan tailored to the individual’s needs.
How Mental Health Diversion Works in California Courtrooms
When a defendant petitions the court for mental health diversion, the judge reviews documentation, mental health evaluations, and arguments from both the defense and prosecution. If diversion is granted, the court pauses the criminal case while the defendant enters treatment.
Treatment Can Include
- Outpatient therapy or counseling.
- Inpatient mental health care.
- Psychiatric medication management.
- Participation in behavioral health programs.
- Supportive services such as housing or crisis stabilization.
The length of treatment varies, but cannot exceed two years. During this time, the defendant must demonstrate meaningful progress and comply with all requirements. The court may schedule periodic check-ins to monitor compliance.
If the defendant completes the program successfully, the judge can dismiss the charges. This means the individual avoids a criminal conviction, incarceration, and the long-term burdens of a criminal record.
Why Mental Health Diversion Matters in San Diego County
San Diego County has one of the largest populations of individuals with untreated mental illness in California. Local courts have seen firsthand how untreated symptoms contribute to disruptive or unlawful behavior. By allowing qualified defendants to enter treatment, the California Mental Health Diversion Program offers a constructive and compassionate alternative that benefits both defendants and the community.
Successful completion of diversion:
- Reduces recidivism.
- Provides access to long-term mental health care.
- Protects employment and housing opportunities.
- Prevents a criminal record that can follow someone for life.
For many individuals, this program is a second chance and an opportunity for lasting change.
Speak With a San Diego Criminal Defense Attorney About Mental Health Diversion
If you or someone you love is facing criminal charges and mental illness, understanding your options is essential. The California Mental Health Diversion Program may offer a path forward that focuses on healing rather than punishment. Griffin Law Office, APC can evaluate whether you may qualify and guide you through every step of the process. Call 619-269-2131 or visit us online to schedule a confidential consultation.
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