Domestic Violence Diversion Program
Domestic violence is a serious issue affecting countless people and families across California. In response, the state has made significant strides in providing support, justice, and rehabilitation to those involved.
One such initiative is the domestic violence diversion program that offers a hopeful alternative for eligible individuals, allowing them to be treated for certain conditions instead of going to jail.
Domestic violence, a complex pattern of abusive behaviors used to gain control, is a multifaceted issue. It's not confined to physical violence but also encompasses financial, sexual, psychological, and emotional abuse. Recognizing these nuances is vital in effectively addressing the issue.
Physical domestic violence may include abusive behaviors like restraining, punching, or hitting. Emotional domestic abuse often undermines the other partner's self-worth. It can consist of threats, manipulation, and insults.
Sexual abuse involves coercive or non-consensual sexual acts, while financial abuse is about controlling finances and limiting access to resources.
Mental Health Condition
California's legal system includes several laws that allow for pre-trial diversion programs, offering individuals an alternative to conventional prosecution. While domestic violence accusations typically don't qualify for a diversion program, there's a potential exception to this rule. This exception is designed to ensure a fair trial for all individuals.
For example, suppose your lawyer can demonstrate that your actions were significantly influenced by a diagnosable mental health condition (bipolar disorder or PTSD), and certain other criteria are met. In that case, you might qualify for a different type of diversionary program, such as mental health diversion under Penal Code 1001.36 PC.
Simply put, PC 1001.95 allows judges the discretion to offer judicial diversion programs to eligible individuals charged with misdemeanors. Notably, however, domestic violence is excluded from the list of eligible crimes, such as charges related to abuse or threats against spouses, cohabitants, dating partners, or family members. However, this does not mean there are no possible options for a diversion program.
What Does California Law Say?
The full text of California Penal Code 1001.95 PC says -
"(a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge's discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.
(b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant's specific situation.
(c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.
(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court determines that the defendant has not complied with the terms and conditions of diversion, it may terminate the diversion and reinstate the criminal proceedings.
(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:
(1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290.
(2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(3) A violation of Section 646.9."
PC 1001.36 Mental Health Diversion
Suppose health issues significantly contributed to your alleged crime. In that case, there might be a possible path to judicial diversion. Penal Code 1001.36 allows diversion for people with mental disorders and allows pre-trial diversion for those diagnosed with qualifying mental health conditions. Notably, however, this is subject to strict eligibility requirements.
PC 1001.36 says, "(a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (d), the court may, in its discretion, and after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant satisfies the eligibility requirements for pretrial diversion set forth in subdivision (b) and the court determines that the defendant is suitable for that diversion under the factors set forth in subdivision (c).
(b) A defendant is eligible for pretrial diversion pursuant to this section if both of the following criteria are met:
(1) The defendant has been diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia.
The defense shall provide evidence of the defendant's mental disorder. It shall include a diagnosis or treatment for a diagnosed mental disorder within the last five years by a qualified mental health expert.
In opining that a defendant suffers from a qualifying disorder, the qualified mental health expert may rely on an examination of the defendant, the defendant's medical records, arrest reports, or any other relevant evidence.
(2) The defendant's mental disorder was a significant factor in the commission of the charged offense. Suppose the defendant has been diagnosed with a mental disorder.
In that case, the court shall find that the defendant's mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant's involvement in the alleged offense.
A court may consider any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant's mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense."
What are the Eligibility Requirements?
To be eligible for PC 1001.36 mental health diversion, you must meet specific criteria. These include having a verified mental health disorder listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM).
It's important to note that certain disorders, like antisocial personality disorder and pedophilia, are excluded. The eligibility requirements include the following:
- You must have a verified mental health disorder listed in the latest DSM, such as a bipolar disorder, schizophrenia, schizoaffective disorder, or PTSD. Notably, antisocial personality disorder and pedophilia are excluded.
- You must show that your mental health condition significantly contributed to the domestic violence offense. Typically, evidence such as medical records, expert testimony, or evaluations is required.
- The court must determine that your symptoms are likely to improve with mental health treatment. This can be achieved through inpatient or outpatient care, as recommended by a qualified professional.
- The court must also find that you won't pose a significant risk to public safety during treatment. The court's evaluation takes into account your history, the nature of the offense, and expert testimony.
Notably, not all domestic violence cases are eligible for mental health diversion. For example, if your alleged offense involves a sex crime or serious violence, you will not qualify for diversion under any circumstances.
Why Do You Need a Lawyer?
Mental health diversion requests are completely at the court's discretion. The process starts with your lawyer filing a motion for diversion and presenting evidence of your mental health condition. The lawyer also needs to show the connection to the offense and your suitability for treatment.
If approved, you will enter a pre-approved mental health program lasting up to one year for misdemeanors or two years for felonies. Mental health treatment providers will report your progress to the court. After completion of the program, your charges will be dismissed, and the arrest related to the case may be sealed.
California has a long-held firm stance against domestic violence. This means you won't be able to qualify for a diversion program on the basis of the domestic violence charge alone.
Even if a mental illness contributed to the act, qualifying for a mental health diversion can be a challenging process.
Simply put, you will need the help of our experienced California criminal defense attorneys to have the best chance of success. We can evaluate your case, gather evidence to support your claim, and present convincing evidence and arguments to convince the judge that you may be eligible for this alternative form of diversion. For more information, contact our criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, California.
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