The Act Amending Section 1001.36 of the California Penal Code
Senate Bill 215 was approved by the Governor and filed with the Secretary of State on September 30, 2018 and amended Section 1001.36 of the Penal Code. The bill authorized courts to grant pretrial diversion to a defendant suffering from a qualified mental disorder. The pretrial diversion can last for a period no longer than 2 years. If the court finds that the underlying mental health disorder played a significant role in the commission of the charged offense (misdemeanor or felony) then they may be eligible for pretrial diversion.
Senate Bill 215 does preclude certain offenders from eligibility including those accused of murder, voluntary manslaughter and rape. The court must be satisfied that the defendant is suffering from a mental disorder identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. Qualified mental health disorders include, but are not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder. Offenders with antisocial personality disorder, borderline personality disorder and pedophilia are not eligible under Penal Code 1001.36. A defendant must provide evidence of the offender’s mental health disorder including a recent diagnosis by a qualified mental health expert.
A defendant, under most circumstances, must agree to waive their right to a speedy trial as a condition of diversion. Additionally, a defendant must agree to treatment and must comply with all requirements of the inpatient or outpatient program approved by the court. If the court dings that there is an unreasonable risk of danger to public safety if the offender is treated in the community then a judge may render the defendant ineligible.
If the court finds that a defendant has substantially complied with all conditions of the diversion program, then a judge may dismiss the original charges.
