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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 […]
Senate Bill 215 – Diversion: Mental Disorders Read More »
Restrictions on Eligibility for Mental Health Diversion Under PC 1001.36 Penal Code § 1001.36 authorizes a court to grant pretrial diversion to defendants suffering from a mental health disorder. Qualified mental health disorders include but are not limited to bipolar disorder, schizophrenia, schizoaffective disorder and post-traumatic stress disorder. The defense must provide evidence to the
Mental Health Diversion Eligibility Read More »
Understanding Penal Code 1001.36 (Mental Health Diversion) The State of California allows for the court to decide within its discretion if a person is eligible for a diversion program based on mental health. Defined under Penal Code 1001.36, a person may be granted pretrial diversion if they have a recent diagnosis by a qualified mental
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