These are some of the basic elements of the mental health diversion program, and how we can help clients and their attorneys succeed in these cases:
Penal Code 1001.36 sets forth California’s mental health diversion program. If you have mental health issues, this program may allow you to receive treatment in lieu of prosecution and jail when you are charged with a crime. If you successfully complete treatment, the criminal charges will be dismissed.
In order to qualify for a Mental Health Diversion program, the following requirements must be met:
– The defendant must have a qualifying mental illness. The mental illnesses that qualify include (but are not limited to) bipolar disorder, schizophrenia, and PTSD (post-traumatic stress disorder).
– The mental disorder must have played a significant role in the offense and be one that can be successfully treated in the opinion of a qualified mental health professional.
– The defendant must waive their right to the sixth amendment, which is for their right to a trial without delay.
– The defendant must agree to the treatment. Further, the court must determine that the defendant is not an unreasonable risk to public safety.