Establishing Programs to Help Those Suffering from a Mental Health Disorder
According to the U.S. Department of Health and Human Services, one 
in five adults have a mental health problem. Over 40,000 people each year die from suicide making it the tenth leading cause of death in the country. Despite the majority of all mental health disorders showing signs during young adulthood or earlier, few adolescents receive treatment. While many have diagnosable disorders, fewer than twenty percent of children and adolescents receive treatment. Early treatment for mental health disorders can have a significant impact on a child’s development.
In recognition of the high number of adults suffering from mental health disorders, California passed legislation to help those who suffer from a diagnosable disorder and are charged with a crime. Pretrial diversion under Penal Code 1001.36 may be granted by a court that is satisfied the defendant is suffering a mental disorder identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders such as bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder.
To qualify for diversion, the court must also be satisfied that the “defendant’s mental disorder was a significant factor in the commission of the charged offense.” Additionally, the defendant must agree to comply with treatment as a condition of diversion. Certain offenses as well as certain disorders are ineligible for diversion.
Treatment for mental health disorder can be inpatient or outpatient depending on the recommendation of the court. A person must perform satisfactorily in the treatment program or risk removal from diversion. The treatment program must send regular reports regarding the person’s enrollment, participation and ultimate completion of the program, but must also present a plan for continued mental health treatment after diversion. Diversion is not automatically granted, it is important to discuss your case with an attorney to determine your eligibility.