The law will allow judges to potential dismiss criminal charges.
Last month, Governor Jerry Brown signed a new law into effect that allows judges across California to offer a new option for suspects in criminal cases when the judge believes that mental illness played a significant role in the crime. For some of these defendants, the judge can send them to a mental health treatment program, diverting prosecution. After a period of time, the judge may then dismiss the criminal charges.
According to a Santa Ana criminal defense attorney, this law is controversial, particularly among prosecutors, who believe that this law has few safeguards and will allow offenders who are a danger to the community back on the streets. However, the law does have provisions for judges to deny participation in the mental health diversion program to defendants who present a danger. Moreover, the law should reduce the backlog of suspects sent to mental hospitals — and the revolving door between the criminal justice and mental health systems.
Under the new law, certain defendants in criminal cases may be eligible for pre-trial mental health treatment diversion program. The law specifically excludes defendants diagnosed with antisocial personality disorder, borderline personality disorder or pedophilia. The judge has the discretion to order pre-trial diversion for any other defendant, regardless of criminal history or the current charges, provided that (1) the defendant has not yet been convicted and (2) the defendant does not pose and unreasonable danger to the public.
As a Santa Ana criminal defense attorney can explain, the judge will only consider those defendants for whom a mental disorder played a significant role in the offense. As part of this analysis, a mental health expert must submit an opinion that the defendant will respond positively to treatment. Finally, the defendant must waive his or her right to a speedy trial and agree to comply with the mental health treatment program.
During this diversion, the criminal charges are not dropped; the prosecution is simply diverted. The defendant can take up to 2 years to comply with the treatment program. If he or she does so and has a plan in place for continuing mental health care over the long-term, the criminal charges must be dismissed by the court. If the defendant does not comply, then the criminal proceedings may be reinstated.
Many criminal charges in California are a result of a person’s mental health issues. This new law should make it easier for people charged with crimes due to their mental illness to get treatment, instead of being sent to jail. If you or someone that you love has been charged with a crime, a Santa Ana criminal defense attorney can help determine eligibility for the mental health pre-trial diversion program.
At the Chambers Law Firm, we are highly skilled at helping our clients through all phases of the criminal justice system, from the initial intake through the final resolution of the case. We examine every aspect of our clients’ cases to look for unique ways to resolve them — including diversion programs. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial appointment with an experienced Santa Ana criminal defense attorney.
