Penal Code 1001.80 represents one of California’s laws on pre-trial diversions. These diversions allow an individual to avoid jail time if they receive mental health treatment. PC 1001.80 in particular focuses specifically on the military diversion for PTSD (post-traumatic stress disorder) and mental health.
You can learn more about PC 1001.80 from the Simmrin Law Group. Just give us a call at (310) 997-4688.
Basic Information About a PC 1001.80 Pre-Trial Diversion
The state of California recognizes that certain individuals can benefit from receiving mental health care. The state allows these individuals to avoid jail time if they receive care. Specifically, PC 1001.80 allows them to postpone their criminal charges until they receive treatment.
The court will drop an individual’s charges if they complete a mental health treatment program. However, individuals will face their initial charges if they fail to complete the treatment program. Note that PC 1001.80 is only one example of California’s possible pre-trial diversion programs.
Individuals are usually only allowed to seek this diversion for a first offense. Repeat offenders may be unable to request a PC 1001.80 pre-trial diversion.
Conditions Supported by a PC 1001.80 Diversion
PC 1001.80 allows individuals to seek mental health treatments instead of facing jail time. This diversion is typically only available if an individual is dealing with a mental health issue. The specific conditions covered under PC 1001.80 include:
- Military sexual trauma
- Substance abuse
- Traumatic brain injuries (TBIs)
Additionally, PC 1001.80 diversions are only available if the condition was a direct outcome of an individual’s time in the military. Find out more about mental health issues associated with military service. Just contact a criminal defense lawyer in Los Angeles. We are standing by to take your call at (310) 997-4688.
How a PC 1001.80 Diversion Works in Court
Not all charges against an individual can be resolved with a military diversion for PTSD or mental health concerns. Generally, this diversion is only available if an individual is facing a misdemeanor charge. You cannot request a diversion if you are accused of a felony.
A lawyer can help you request a pre-trial diversion here in California. However, it will be up to the court to approve the diversion. If the court does approve the diversion, you may be able to receive medical care for up to two years.
Individuals who do not complete a treatment program end up facing their initial criminal charges. Completing a treatment program may require an individual to:
- Attend all sessions for treatment
- Go to counseling for substance abuse
- Attend domestic violence counseling
- Submit to drug or alcohol testing
Individuals receive progress reports while they are in treatment. These reports are given to the court. The court must check an individual’s progress at least every six months while they are receiving treatment. Treatment lasts a minimum of one year here in California.
Types of Mental Health Care Programs in California
There are several ways a person can receive treatment by way of a PC 1001.80 diversion. In many cases, individuals can receive care through programs associated with either the Department of Veterans Affairs or the U.S. Department of Veterans Affairs.
However, sometimes community-based mental health care services may be offered. In many cases, the care provided depends upon the individual needs of the patient.
Outcomes of Completing a PC 1001.80 Diversion
You may be wondering what happens when you complete a PC 1001.80 diversion in California. Generally, the court dismisses an individual’s criminal charges upon the completion of the diversion. Also upon completion, an individual’s arrest record cannot be used against them.
However, exceptions may be made for individuals who seek employment as peace officers. In many cases, it may be mandatory for these individuals to inform their potential employer of their past arrest. This may be true even if they have successfully completed a PC 1001.80 diversion.
Finally, individuals can face a criminal trial if they do not complete the diversion. This could result in a conviction, and a misdemeanor conviction can result in fines and/or jail time here in Los Angeles.
Learn More About Penal Code 1001.80 with the Simmrin Law Group
Not sure if you qualify for a military diversion for PTSD/mental health in California? Contact the Simmrin Law Group for more information about Penal Code 1001.80 by calling (310) 997-4688. You can also fill out our online contact form to reach a criminal defense lawyer in Los Angeles who can help you with your legal situation.
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