In California, felony mental health diversion can be a useful strategy. Many people who are arrested have mental health concerns. They need treatment, not criminal punishment. California law allows people with mental health diagnoses to apply for felony mental health diversion. If the court grants this motion, and the defendant completes the required treatment plan, the court dismisses the criminal case.
Felony Mental Health Diversion Requirements – Eligibility & Suitability
There are several requirements in order to file a motion for mental health diversion. We submit a report to the court from a mental health expert to demonstrate that the client meets each of the requirements.
Eligibility
There are two eligibility criteria and four suitability criteria.
First, the person must be diagnosed with a mental health disorder. Almost any diagnosis is sufficient, but anxiety, PTSD, and depression are common diagnoses. The are a few excluded conditions that will not make a person eligible for diversion. The excluded disorders are antisocial personality disorder and pedophilia.
Second, the diagnosed disorder must have contributed to the charged conduct. There has to be some relationship between the mental health condition and what the person is charged with. It does not have to be the primary motivating factor. In fact, the court is required to presume that there is a nexus between the diagnosed condition and the charges, unless the prosecutor presents clear and convincing evidence that there is no connection.
Suitability
If the above two criteria are met, the person is eligible to felony mental health diversion. Then, the court looks at suitability.
To determine if a defendant is suitable, the court looks at four factors. First is whether the diagnosed condition will respond to treatment. The mental health professional who makes the diagnosis will give an opinion as to whether the person’s condition will respond to treatment.
Second, the the defendant has to waive his speedy trial rights. Every criminal defendant has a right to a speedy trial. Usually, that is with a few months of arraignment. In order to be suitable for felony mental health diversion, the defendant must waive their right to have a trial for two years.
Third, the person must agree to comply with the treatment plan.
Fourth, the court has to find that the person does not pose an unreasonable risk of danger to public safety if treated in the community. Courts have interpreted this to mean a likelihood of committing a very serious crime, known as a “super strike.”
If the defendant meets all of these criteria, then the court should grant felony mental health diversion. After two years of successful treatment, the court will dismiss the case. No criminal conviction, no jail or prison time, no probation. Case dismissed.
Excluded Charges
Some types of criminal charges are not eligible for felony mental health diversion. These include:
(1) Murder or voluntary manslaughter.
(2) An offense for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314.
(3) Rape.
(4) Lewd or lascivious act on a child under 14 years of age.
(5) Assault with intent to commit rape, sodomy, or oral copulation, in violation of Section 220.
(6) Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1.
(7) Continuous sexual abuse of a child, in violation of Section 288.5.
(8) A violation of subdivision (b) or (c) of Section 11418.
(9) Driving Under the Influence (DUI) charges in violation of Vehicle Code sections 23152 and 23153.
How Can a Lawyer Help with Felony Mental Health Diversion?
At Criminal Defense Heroes, P.C., we have helped clients get felony mental health diversion in a wide variety of cases. We work with top mental health experts to help clients with diagnoses and treatment. The goal is treatment and long-term success.
Some recent felony cases that we have worked on include charges of assault with a deadly weapon, aggravated mayhem, hit & run causing death, criminal threats, vandalism, and domestic violence.
If you are facing criminal charges and have questions about felony mental health diversion, give us a call today to discuss your options. Call us today at 323-529-3660.
