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.
Qualifications for Mental Health Diversion include:
- The defendant suffers from a mental health disorder.
The person’s mental health condition must be identified in the most recent edition of the Diagnostic Statistical Manual of Mental Disorders. It may include bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder. However, it cannot be an antisocial personality disorder, borderline personality disorder, or pedophilia.
Evidence of the mental health disorder must be provided by the defense. Furthermore, it must include a recent diagnosis by a qualified mental health expert.
- The mental disorder must have been a significant role in the commission of the charged offense.
The court must be satisfied that the defendant’s mental health condition was a significant factor in the commission of the charged crime. A court can review evidence including the police report, preliminary hearing transcripts, medical records, and more to make this finding.
- A mental health expert must believe that the defendant would respond to mental health treatment
- The defendant must waive their right to a speedy trial.
- The defendant must agree to treatment as a condition of diversion.
In order to complete the mental health diversion program, a defendant must successfully complete a qualifying mental health treatment program. The program must be approved by the court.
- The defendant must not present an unreasonable risk of danger to public safety.
- The defendant must be charged with a qualifying offense.
Offenses that would make a defendant ineligible include:
- Murder
- Voluntary manslaughter
- Certain offenses that require registration under Penal Code Section 290
- Rape
- Lewd or lascivious acts on a child under 14
- Assault with intent to commit rape, sodomy, or oral copulation
- Rape or sexual penetration in concert with another person
- Continuous sexual abuse of a child
- Violation of Section 11416 (b) or (c)
There are a number of requirements under Penal Code Section 1001.36 that must be met in order to qualify for the program. It is important to discuss your case with your attorney to determine whether you would be eligible.