There are many pre-trial diversion programs available in California. One of these programs is covered under Penal Code 1001.36. PC 1001.36 deals with California’s mental health diversion. Individuals can apply for this diversion after they are charged with a crime in some cases.
The court may grant a mental health diversion if they believe an individual’s mental condition caused them to carry out a criminal act. Find out more about this diversion program with the Simmrin Law Group by calling (310) 997-4688.
Mental Health Diversion in California
Sometimes, individuals end up committing a criminal act due to the influence of a mental illness. In this situation, it is often more useful to get treatment for the illness than to spend time in jail. Therefore, California offers a mental health diversion program.
Individuals accepted into the program do not have to face a criminal trial right away. Instead, their trial is “put off” until the program is completed. Individuals who successfully complete the program have their charges dismissed. The court also seals the records of the individual’s arrest.
However, individuals who do not complete the program can end up facing their initial criminal charges. They can even be convicted of the initial crime.
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Examples of Other Diversion Programs in California
The mental health diversion program is not the only such program in California. The state offers similar programs for individuals charged with certain drug crimes and writing bad checks.
There is even a specialized mental health diversion program for military veterans. Find out more about these specific programs with the Simmrin Law Group.
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Qualifying for California’s Mental Health Diversion Program
Not everyone in California qualifies for entry into the mental health diversion program. The court allows individuals to seek entry into the program after they are charged with a misdemeanor or a felony. However, entry depends upon:
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An Individual’s Mental Condition
Not all mental illnesses allow for entry into the mental health diversion program. In fact, some individuals are disqualified on the basis of their condition. This includes conditions such as:
- Antisocial personality disorder
- Borderline personality disorder
- Pedophilia
It is not enough to simply claim that an individual has a mental disorder. Individuals have to provide proof of their condition. This must include a diagnosis provided by a mental health professional who is appropriately qualified. Furthermore, individuals may only join the program if the court determines they are not an unreasonable risk to others.
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The Reasons for the Crime
Individuals are only permitted not the mental health diversion program if their illness led to a criminal offense. If the offense was not associated with mental illness in any way, individuals are not allowed to take part in the program.
Treatment Options
The mental health diversion program is designed to help individuals recover from a mental disorder. This means that there must be possible treatment options available. Additionally, a mental health expert must decide whether or not the accused would benefit from treatment.
Finally, an individual must agree to consent to treatment for their mental health condition. Failure to go along with treatment can result in the end of the diversion program. Learn more about entry into this program by contacting us at (310) 997-4688.
Additional Information About a PC 1001.36 Diversion
There are a number of other factors associated with completing a mental health diversion program in California. These programs do not always last the same amount of time. However, they are only permitted to last for two years at the most.
You should also know that the court has to approve these diversions. These programs are also not completely free. Individuals can seek private treatment for their condition. However, if they do not have the funds to pay for this treatment, they can seek treatment from public health agencies.
Note that the program may end prematurely if someone commits another crime or does not respond to treatment. In this situation, an individual can end up facing their initial criminal charges. This could result in a conviction.
Get the Facts About a Mental Health Diversion in California
Contact the Simmrin Law Group if you are interested in California’s mental health diversion program. We’ll help you learn more about Penal Code 1001.36. You can easily contact our criminal defense lawyers to get information about what to do in your situation. Just call us at (310) 997-4688. We also have an online contact form.
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