If you are accused of a crime while dealing with a mental health concern, it can feel overwhelming. California offers a mental health treatment program that could help you to get treatment rather than proceeding through a criminal trial. However, you need to meet specific legal requirements and the judge must approve your request.
Eligibility for a mental health treatment program
Under California Penal Code Section 1001.36, you may qualify for a mental health treatment program if you face a less serious or serious crime charge and have a recognized and diagnosed mental health issue. You should also show that your condition significantly contributed to the incident that led to the charges.
A trained mental health professional must support your eligibility and the judge must find that treatment could help address your symptoms. Certain offenses do not qualify and meeting the requirements does not guarantee court approval.
The process of requesting a mental health treatment program
If you want to request mental health diversion, you are required to work with your defense lawyer to present your case and a suitable treatment plan to the court. The process generally involves these steps:
- Submit a request: Your lawyer can ask the court to grant diversion under California Penal Code Section 1001.36.
- Provide a treatment plan: A mental health specialist must explain how treatment could address the symptoms linked to the alleged offense.
- Agree to the conditions: You must consent to diversion, waive your right to have your trial without delay and consent to follow the treatment plan.
- Attend the court’s review: The judge considers your circumstances, the suggested treatment, public safety and the prosecution’s and defense’s positions before deciding whether to grant diversion.
The judge has discretion to approve or deny your request, even if you meet the eligibility requirements.
Outcomes after a mental health treatment program
If you complete a mental health treatment program, the court might dismiss the covered charges under California Penal Code Section 1001.36.
The judge may consider whether you followed the treatment requirements, avoided serious new legal violations unrelated to your mental health condition and made a plan for ongoing care.
If you fail to meet the program’s conditions, the judge may hold a hearing and resume your criminal case.
Get legal guidance for mental health diversion
If you face criminal charges and have a mental health issue, speak with a California criminal defense lawyer about your eligibility for a mental health treatment program.
Your lawyer can help you present the required evidence, prepare a treatment plan and request court approval. Following the program’s conditions may help you avoid a criminal conviction.
