California Mental Health Diversion (PC 1001.36): A Simple Guide

If you or a loved one is facing criminal charges and struggles with a mental health condition, California law offers a special program called Mental Health Diversion (Penal Code § 1001.36). This program allows eligible defendants to get treatment instead of going to jail, and if the program is successfully completed, the charges can be dismissed.

Who Can Use Mental Health Diversion?

You may qualify if:

• You have a diagnosed mental health disorder, such as bipolar disorder, PTSD, schizophrenia, or another DSM-listed condition.
• Your mental health condition played a role in the offense.
• A qualified professional believes treatment would help you.
• You agree to participate and follow a treatment plan.
• You do not pose an unreasonable risk to the community.

Note: Certain serious crimes, like murder or certain sexual offenses, are not eligible.

How Mental Health Diversion Works

1. Request Diversion – Your attorney asks the court to consider you for the program.
2. Assessment – A mental health professional evaluates your condition and creates a treatment plan.
3. Court Hearing – The judge decides whether to grant diversion.
4. Treatment Program – You follow the plan, which may include therapy, counseling, or medication.
5. Completion – If you finish the program successfully, your criminal charges are dismissed, and you may have your record sealed.
6. Failure to Comply – If you don’t follow the plan, the criminal case continues.

For more details on the process and legal requirements, you can check the Judicial Council of California’s mental health resources.

Benefits of Mental Health Diversion

Successfully completing the program gives you:

• Dismissed charges – The criminal case is closed.
• Sealed record – Makes it easier to get jobs, housing, and other opportunities.
• Access to mental health treatment – Helps address the underlying issues.
• No criminal conviction – You avoid a lasting mark on your record.

Why You Need an Attorney

Mental Health Diversion isn’t automatic. An experienced criminal defense attorney can:

• Gather medical documentation and expert evaluations.
• Present a strong case to the judge.
• Ensure your treatment plan is court-approved.
• Guide you through the process to maximize the chance of dismissal and record sealing.

Key Takeaway

California’s PC 1001.36 Mental Health Diversion gives people with mental health challenges a real chance to get help instead of punishment. If you think you may qualify, contact an experienced criminal defense attorney as soon as possible. Early action can make all the difference.