The Non-Criminal Mental Health Diversion Program in California

Who Qualifies For California’s Mental Health Diversion Program?

The Non-Criminal Mental Health Diversion Program in California

California law provides a path for people to seek treatment instead of punishment if they have certain mental health disorders. The mental health diversion plan typically leads to criminal charges being dismissed and the arrest records sealed. But eligibility for the mental health diversion program is restricted and limited. You must have certain conditions that led to you committing a crime in the first place.

Eligibility Requirements for California’s Mental Health Diversion Program

To qualify for your case to be funneled into the diversion program, you must satisfy all of the following requirements:

  • You have a mental condition other than antisocial personality disorder, borderline personality disorder, or pedophilia;
  • Your mental health disorder was at least a significant factor in you committing the charged crime or crimes;
  • You would positively respond to mental health treatment, in the opinion of qualified mental health expert;
  • You consent to the diversion program by waiving your right to a speedy trial;
  • You agree to carry out all of the requirements and conditions of the diversion program; and
  • The judge believes you will not pose a significant risk of danger to the public if released into the diversion program.

Some of the qualifying mental health conditions include:

  • Bipolar disorder
  • Schizophrenia
  • Post-traumatic stress disorder (PTSD)

A judge determines whether your mental health played a significant factor in your commission of the charged crime. They can rely on any reasonably credible evidence to make this decision.

How Does the Diversion Program Work?

If you are placed into California’s mental health diversion program, the longest it will last is two years. The treatment plan can consist of inpatient or outpatient sites, or a mix of both.

Cost is an issue for who can access diversion treatment. While being unable to afford private treatment does not disqualify you from being placed on a mental health treatment plan, it does make things more difficult. For a judge to order you into a diversion program, there must be:

A treatment entity willing to accept responsibility for your mental health care; and,
Funding or resources available that you are eligible to receive.

Many county mental health agencies have dedicated resources, but you will need to identify where the resources are coming from before being placed in a diversionary program. If you can self-fund your treatment, you will not be required to deal with public resources, only whatever treatment facility agrees to accept you as a patient.

What Happens After California’s Mental Health Diversion Program?

Throughout the mental health diversion program, your treatment provider needs to provide regular updates to the court. These reports are also shared with the prosecution and your defense attorney or attorneys.

If you have a setback in treatment or you are charged with new crimes, the court will hold a hearing regarding your plan. The judge will then determine whether to modify your plan, revert to a criminal trial, or if you should be considered for a conservatorship.

However, if you successfully complete your mental health diversion treatment plan, the original charges against you will be dismissed. Success is measured by:

  • Compliance with all the requirements of the program;
  • Committing no new significant crimes unrelated to your mental health; and,
  • Having a plan for long-term mental health care.

If it is decided that you did not successfully complete the diversion program, the court will reinstate criminal charges against you. But not only will charges against you be dismissed, if you complete California’s mental health diversion program, the arrest record will be sealed. Therefore, the arrest cannot be the basis for denying you any job, promotion, raise, or license.

If you believe you qualify for the mental health diversion program in Costa Mesa, California, contact the Chambers Law Firm today. Our skilled attorneys can be reached by calling 714-760-4088 or emailing dchambers@clfca.com.

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