PC 1001.36

Who Can Qualify for Mental Health Diversion in California?

Understanding the Requirements for PC 1001.36 – Mental Health Diversion    California recognizes that there is a mental health crisis occurring across the globe. In an effort to reduce incarceration and promote treatment, the courts have established a mental health diversion program for individuals with a diagnosable mental health condition who have committed a crime.  […]

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What Are the Benefits of Mental Health Diversion?

PC 1001.36 and Mental Health Pretrial Diversion   Penal Code 1001.36 allows for a court to grant pretrial diversion for individuals with diagnosable mental health disorders. There are several factors that determine a person’s eligibility for the program, including whether the offender’s mental disorder was a significant factor in the commission of the offense and

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Which Crimes Are Ineligible for Mental Health Diversion?

Criminal Offenses That Make a Defendant Statutorily Unable to Be Placed Into Mental Health Diversion Penal Code 1001.36 allows for a court to grant mental health diversion for certain offenders. A defendant must show that they suffer from a diagnosable qualifying mental disorder and must have a recent diagnosis by a qualified mental health expert.

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Mental Health Considerations During Coronavirus

Addressing the Other Crisis Developing During the Pandemic WebMD recently addressed the issue of mental health during the COVID-19 outbreak and stay at home orders issued across the country. According to their publication “Mental Health an Emerging Crisis of COVID Pandemic” more and more people are experiencing “high levels of emotional distress” during these challenging

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Pretrial Diversion Programs in California

Understanding California’s Deferred Entry of Judgment Programs California offers a number of pretrial diversion programs which allow the court to dismiss criminal charges against certain defendants upon completion of a program.  The goal of pretrial diversion programs is to help those charged with misdemeanor or non-serious, non-violent felonies avoid a criminal record and address the

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California Assembly Bill 1810 – Mental Health Diversion

Establishing a Pretrial Diversion Program for those with Mental Health Disorders California Assembly Bill 1810 established a diversion program for individuals with mental disorders that had been charged with a crime.  In an effort to “mitigate the individuals’ entry and reentry into the criminal justice system,” the bill codified the mental health diversion program into

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Mental Health Diversion Eligibility

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

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