California can grant veterans mental health treatment in lieu of jail after a conviction under Penal Code 1170.9. Note that this treatment is only offered following a conviction. This is not a pre-trial diversion.
However, completing this treatment program could allow individuals to avoid jail time and some other penalties. Find out more with the team at the Simmrin Law Group today. Just call (310) 997-4688 to get started.
Veterans Treatment in Lieu of Jail in California
In some situations, the state of California offers pre-trial diversions that allow individuals to receive treatment instead of facing incarceration. PC 1170.9 is not a pre-trial diversion. Instead, it offers relief to individuals following a conviction. In fact, individuals can only request this treatment if they are found guilty or plead guilty or no-contest.
PC 1170.9 treatment is not offered for all criminal cases in California. Individuals can only request this treatment if they are eligible to receive parole. Additionally, this treatment is only available for certain medical conditions.
A Los Angeles criminal defense lawyer can provide additional information about PC 1170.9 treatment. Get answers to your legal questions by calling us at (310) 997-4688.
Medical Conditions Covered by PC 1170.9
PC 1170.9 only provides treatment for individuals with certain medical conditions. All of the covered conditions must be a result of something that happened while an individual was serving in the military. Examples of conditions that qualify for PC 1170.9 treatment include:
- Military sexual trauma
- Post-traumatic stress disorder (PTSD)
- Substance abuse
- Traumatic brain injuries (TBIs)
Certain other mental health conditions can also qualify for PC 1170.9 treatment. Note that it is not enough to simply claim that a condition exists. Individuals must be able to prove they have a condition. Military veterans can demonstrate their condition by providing the court with both their DD-214 AND a medical diagnosis.
The court system in California can ask for a medical assessment in certain cases. However, this assessment is not always required. Contact the Simmrin Law Group to find out more about whether the medical condition caused by your military service would qualify for one of these exceptions.
How the Process Works
The PC 1170.9 treatment program allows individuals to go on probation instead of to jail or prison in California. While an individual is on probation, they must enter a mental health treatment program. This program can be administered by the local, state, or federal government or by a private nonprofit treatment center.
Individuals must complete their treatment to satisfy the conditions of their parole. They also must comply with the conditions of their probation. The failure to follow probationary requirements can have serious consequences resulting in a probation violation.
Violating probation is a criminal act in California. Individuals who violate their probation can face increased penalties or even jail time. Note that individuals must be able to show they are not a danger to others to satisfy their probation while in PC 1170.9 treatment. They must also show they have benefited from their mental health treatment.
The court can dismiss an individual’s conviction if they satisfy the conditions of their probation. The court can also choose to reduce the charges an individual faces. For example, say a veteran was charged with a felony and thereafter received PC 1170.9 treatment and completed the program. As a result, the judge can then reduce their charge to a misdemeanor.
Pre-Trial Diversions for Veterans in California
PC 1170.9 is a post-conviction treatment program. However, there is a special pre-trial diversion available to military veterans. You can seek this diversion through Penal Code 1001.80, which allows individuals to seek medical treatment.
A PC 1001.80 diversion places an individual’s criminal charges on “hold.” If the individual completes their treatment, the charges are then dismissed. There are other diversions available to those who were not in the military. Penal Code 1001.36, for instance, serves as California’s basic mental health diversion program.
Discuss Veterans Treatment in Lieu of Jail with a Lawyer Today
The Simmrin Law Group can help you learn more about Penal Code 1170.9, which covers veterans treatment in lieu of jail programs. Find out more about your legal options after an arrest by calling us at (310) 997-4688. We also have an online contact form that will allow you to reach out to one of our criminal defense lawyers in Los Angeles right now for a free consultation.