In California, a Cognitive Disability Diversion program, codified in Penal Code 1001.20 PC, allows individuals with cognitive disabilities facing criminal charges to avoid traditional court proceedings and instead participate in diversion-related treatment and habilitation. This program, as defined by Penal Code sections 1001.20 through 1001.34, seeks to provide support and services tailored to their specific needs.
Put simply, the program is a beacon of hope for individuals with cognitive disabilities, offering them a path away from the criminal justice system and towards a program that caters to their unique needs, providing a profound sense of relief and understanding for their situation.
Individuals with developmental disabilities, as defined by the Welfare and Institutions Code, Section 4512, are eligible if a Regional Center determines them eligible for services. This determination is based on a comprehensive assessment of the individual's cognitive and developmental abilities, as well as their potential for rehabilitation and recovery. The court must also determine that the individual is suitable for diversion-related treatment and habilitation, ensuring that only those who can benefit from the program are admitted.
The diversion program can last up to 2 years. If the individual completes the program, the charges are dismissed. If the individual fails to meet the program's terms, the court may reinstate the original charges against them. Diversion-related treatment and habilitation can encompass a range of services, including diagnosis, evaluation, and therapy.
Mental Health Support
The program is not a one-size-fits-all solution. It is meticulously tailored to each individual's needs, offering a range of services from personal care to mental health support. The regional center or the probation department can implement the program, ensuring a comprehensive and effective approach that truly understands and meets the individual's needs.
The types of offenses that are eligible for diversion include many serious crimes, including misdemeanors and felonies, but not murder, voluntary manslaughter, most sex crimes (except indecent exposure), or possession of weapons of mass destruction. The offense must be one where the cognitive.
The court must determine that the individual poses no unreasonable risk to public safety. The program requires the individual to waive their right to a speedy trial, which means they agree to a longer timeline for their case to be resolved in exchange for the opportunity to participate in the program.
In simpler terms, this means that the individual agrees to a longer process in order to receive the specialized support and services offered by the program. They must also agree to the treatment plan, which outlines the specific services and interventions they will receive during the program.
Special Legal Program
The Cognitive Disability Diversion program, also known as regional center diversion, is a special legal program designed to assist defendants with diagnosed cognitive or developmental disabilities. Under this program, eligible individuals are placed under the supervision of a Regional Center of the California Department of Developmental Services (DDS).
The Regional Center, a private nonprofit community agency established under the Lanterman Developmental Disabilities Services Act, plays a crucial role in prescribing treatment and support programs tailored to the individual's needs. They are responsible for assessing the eligibility of individuals for the program, developing personalized treatment plans, and coordinating the delivery of services to participants.
This includes providing job training, mental health support, and other supportive services, as well as ensuring the individual's compliance with the program's requirements. They prescribe treatment and support programs specifically tailored to their needs, addressing both their disability and behavior related to the alleged offense.
The goal is to address the main causes of the person's behavior, providing them with the support to avoid future interactions with the criminal justice system. This can instill hope and optimism about the system's effectiveness. If completed, the charges against the defendant are dismissed, and the arrest is essentially wiped from their record.
What Does PC 1001.20 Say?
California Penal Code 1001.20 PC says, (a) "Developmental disability" means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional center finds eligibility for services under the Lanterman Developmental Disabilities Services Act.
(b) "Diversion-related treatment and habilitation" means, but is not limited to, specialized services or special adaptations of generic services, directed toward the alleviation of developmental disability or toward social, personal, physical, or economic habilitation or rehabilitation of an individual with a developmental disability, and includes, but is not limited to, diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, physical, occupational, and speech therapy, training, education, sheltered employment, mental health services, recreation, counseling of the individual with this disability and of the individual's family, protective and other social and sociolegal services, information and referral services, follow-along services, and transportation services necessary to ensure delivery of services to persons with developmental disabilities.
(c) "Regional center" means a regional center for the developmentally disabled established under the Lanterman Developmental Disabilities Services Act that is organized as a private nonprofit community agency to plan, purchase, and coordinate the delivery of services that cannot be provided by state agencies to developmentally disabled persons residing in a particular geographic catchment area, and that is licensed and funded by the State Department of Developmental Services.
(d) "Director of a regional center" means the executive director of a regional center for the developmentally disabled individual or their designee.
(e) "Agency" means the prosecutor, the probation department, and the regional center involved in a particular defendant's case.
(f) "Dual agency diversion" means a treatment and habilitation program developed with court approval by the regional center, administered jointly by the regional center and by the probation department, that is individually tailored to the needs of the defendant as derived from the defendant's program plan pursuant to Section 4646 of the Welfare and Institutions Code, and that includes, but is not limited to, treatment specifically addressed to the criminal offense charged, for a specified period as prescribed in Section 1001.28.
(g) "Single agency diversion" means a treatment and habilitation program developed with court approval by the regional center, administered solely by the regional center without involvement by the probation department, that is individually tailored to the needs of the defendant as derived from the defendant's program plan pursuant to Section 4646 of the Welfare and Institutions Code, and that includes, but is not limited to, treatment specifically addressed to the criminal offense charged, for a specified period as prescribed in Section 1001.28.
(h) This section is operative January 1, 2021."
Quick Facts
You should know some important information about the cognitive disability diversion, includes the following:
- The defendant, due to their intellectual deficit, is unable to proceed to trial and is declared as such under Penal Code 1371 PC.
- The diversion program is designed to meet the defendant's specific needs, such as job training and other supportive services.
- Regional Centers play a crucial role in the program. They provide a range of services to individuals with developmental disabilities and are responsible for assessing the eligibility of individuals for the program.
- Probation departments may also be involved in the diversion program, working jointly with the Regional Center.
- It's important to note that a similar program, known as mental health diversion under Penal Code 1001.36 PC, is also available. This program is designed for individuals with mental health issues, while the Cognitive Disability Diversion program is specifically for those with cognitive disabilities.
- A defendant's disability is often mistakenly attributed to years of accumulated drug or alcohol abuse.
- Sometimes, a case is mistakenly resolved with some form of counseling, such as Narcotics Anonymous (NA) and Alcoholics Anonymous (AA).
- Cognitive development disability diversion requires that the defendant has been diagnosed with some form of cognitive development disability.
- The Regional Center must agree to accept the individual for some form of inpatient or outpatient treatment.
- Once referred, competency restoration services are provided, including personal care, physical therapy, and speech therapy.
- The court will hold periodic progress reviews to monitor the individual's adherence to the Regional Center program.
Who Is Eligible?
Eligibility for cognitive disability diversion is determined on a case-by-case basis, but they must meet the following criteria:
- The defendant must have a diagnosed cognitive disability, such as autism, intellectual disability, or another related disability, qualifying for services under California's Lanterman Developmental Disabilities Services Act.
- A Regional Center must evaluate the defendant and confirm that they meet the criteria for cognitive disability diversion.
- Cognitive disability diversion is available for most misdemeanors and some felonies, but certain violent felonies are excluded (murder).
How Does the Program Work?
To participate in the program, an individual must first have their eligibility for diversion approved by the court. This approval is typically based on a comprehensive assessment conducted by the Regional Center, which considers the individual's cognitive disability, their ability to understand and participate in the program, and their potential risk to public safety. Once approved, the individual must consent to participate in the program. The cognitive disability diversion process involves several key steps:
- Court Consent. Once a case is brought before the court and it is identified that the defendant may have a cognitive or developmental disability, the court orders an evaluation before a plea is taken. The defendant must consent and waive the right to a speedy trial. Legal counsel is provided.
- Evaluation and Reports. Agencies are ordered to prepare reports. The Regional Center evaluates the defendant and determines if they are eligible for cognitive disability diversion. The prosecutor assesses the case, taking into account the defendant's criminal history and the nature of the offense, and provides a recommendation for or against diversion. The probation department assesses the defendant's background, motivation for treatment, community ties, and capacity to benefit from the program.
- Court Review and Decision. After the reports are submitted, the court reviews them to decide if the defendant is suitable for diversion. If approved, the court will order one of two types of programs, such as dual or single-agency diversion.
- Participation in the Diversion Program. If the defendant participates in a court-approved diversion plan, which may include services such as counseling, habilitation programs, vocational training, and other relevant programs. Progress is monitored through periodic reports.
- Completion of Diversion. If the defendant completes the program requirements, the court dismisses the charges, and the arrest is treated as though it never occurred.
What are the Benefits?
This program offers numerous benefits for both defendants and society as a whole. For example, by addressing the underlying disability and its effects on behavior, the program helps defendants avoid future legal trouble. A successful outcome means the defendant avoids a conviction, which can protect their future opportunities and career prospects.
Also, the individualized nature of the program ensures that the defendant receives services tailored to their specific needs. By equipping individuals with the tools to manage their challenges, the program helps reduce the likelihood of repeat offenses. For more information, contact our California criminal defense lawyers at Cron, Israels & Stark, located in Los Angeles, CA.
Related Content:
