California Penal Code 1001.36 created the Mental Health Diversion program, a pretrial program that allows eligible defendants to receive treatment instead of facing criminal prosecution.
If successfully completed, the charges are dismissed.
This program, enacted in 2018 through Senate Bill 215, gives qualifying defendants an opportunity to avoid a conviction by committing to supervised mental health treatment.
For many facing misdemeanor or even felony charges, Mental Health Diversion can mean the difference between prison and a clean record.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
What Is Mental Health Diversion?
Mental Health Diversion is a form of pretrial diversion available in California criminal cases.
Instead of proceeding to trial, an eligible defendant agrees to:
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Participate in court-approved mental health treatment
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Comply with treatment conditions for up to two years
If the defendant successfully completes the program, the criminal charges are dismissed.
This dismissal can significantly reduce long-term consequences.
Who Qualifies for Mental Health Diversion?
To qualify under Penal Code 1001.36, several criteria must be met.
Qualifying Mental Health Diagnosis
The defendant must suffer from a diagnosed mental disorder such as:
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Bipolar disorder
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Schizophrenia
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Post-traumatic stress disorder
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Major depressive disorder
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Other recognized psychiatric disorders
Certain disorders are excluded, including:
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Antisocial personality disorder
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Borderline personality disorder
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Pedophilia
A qualified mental health expert must evaluate the defendant.
The Mental Disorder Must Be a Significant Factor
The court must find that the mental health condition was a significant factor in the commission of the alleged offense.
This means the disorder contributed substantially to the criminal conduct.
The judge reviews:
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Police reports
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Preliminary hearing transcripts
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Medical records
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Expert evaluations
The court has broad discretion in making this determination.
Likelihood of Responding to Treatment
A licensed psychologist or psychiatrist must conclude that the defendant is likely to respond positively to treatment.
The evaluation should include:
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Diagnosis
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Treatment recommendations
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Expected prognosis
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Connection between disorder and offense
The stronger and more specific the treatment plan, the better the chances of approval.
Public Safety Considerations
The judge must also determine that the defendant does not pose an unreasonable risk to public safety.
This factor often affects:
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Defendants with extensive criminal histories
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Offenses involving serious harm
The court carefully weighs the risks before granting diversion.
Cases That May Require Prosecutor Consent
In certain serious felony cases, Mental Health Diversion may not be available without prosecutorial agreement.
These can include:
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Certain manslaughter charges
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Specific serious violent offenses
Each case must be evaluated individually.
How Long Does Mental Health Diversion Last?
The treatment period may last up to two years.
Treatment may include:
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Inpatient residential programs
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Outpatient therapy
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Medication management
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Dual diagnosis programs
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Substance abuse counseling
The court requires regular progress reports.
If the defendant successfully completes the program, the case is dismissed.
If the defendant fails to comply or is arrested for a new offense, the court may terminate diversion and reinstate criminal proceedings.
Costs of Mental Health Diversion
Treatment may be funded through:
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Private insurance
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Private payment
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County mental health programs
If a defendant cannot afford private care, the court may refer them to public treatment providers.
The county must agree to supervise and provide services.
Retroactive Application of Penal Code 1001.36
The Mental Health Diversion statute may apply retroactively in certain cases.
Defendants who were previously convicted may have appellate opportunities if their cases were pending when the law took effect.
This requires careful legal analysis.
Advantages of Mental Health Diversion
Mental Health Diversion can provide:
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Complete dismissal of charges
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Avoidance of jail or prison
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Preservation of employment opportunities
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Reduced immigration consequences
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Access to structured treatment
It offers a path to rehabilitation instead of incarceration.
Frequently Asked Questions
Is Mental Health Diversion available for felonies?
Yes. It applies to both misdemeanors and certain felony offenses.
Does diversion mean I am pleading guilty?
No. The case is paused. If you complete treatment, charges are dismissed.
Can violent offenders qualify?
Possibly, but the judge must find no unreasonable risk to public safety.
What happens if I fail the program?
The court may terminate diversion and resume criminal proceedings.
Will my record be cleared?
If successfully completed, the charges are dismissed, helping you avoid a conviction.
Mental Health Diversion in Los Angeles
Los Angeles courts actively review and consider Penal Code 1001.36 petitions. However, approval depends heavily on:
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Quality of expert evaluations
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Strength of treatment plans
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Public safety arguments
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Defense advocacy
Proper preparation is essential.
Speak With a California Criminal Defense Attorney
Mental Health Diversion can be life-changing, but the process is complex and discretionary.
If you or a loved one is facing criminal charges and has a diagnosed or undiagnosed mental health condition, you should speak with an experienced California criminal defense attorney immediately.
Our attorneys can:
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Coordinate psychiatric evaluations
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Prepare detailed diversion petitions
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Present evidence to the court
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Advocate for dismissal through treatment
California Penal Code 29810 PC requires certain individuals who are prohibited from possessing firearms to relinquish, surrender, sell, or transfer their firearms in compliance with the law.
Contact our office today for a confidential consultation to determine whether Penal Code 1001.36 may apply to your case.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help.
