How Mental Health Diversion Can Help You Avoid a Criminal Conviction in California

Mental Health Diversion in California: A Solution for Criminal Defense Cases Involving Mental Illness

Do you have a loved one in jail suffering from a mental health condition or serious substance abuse problem? Has a mental illness or addiction led you or someone you care about to be charged with a criminal offense? If so, there may be a unique opportunity to get the treatment you need while getting your case dismissed. In this blog, we’ll explore Section 10136 Mental Health Diversion, one of the most promising programs in California today for those facing criminal charges due to mental health issues.

What is Mental Health Diversion?

Mental Health Diversion is a program that offers eligible individuals an alternative to criminal prosecution. Introduced and revised in California, this program allows people suffering from diagnosed or undiagnosed mental health disorders to receive treatment instead of facing traditional criminal penalties. If successfully completed, the charges can be entirely dismissed, allowing participants to avoid a criminal conviction.

Why Mental Health and Substance Abuse Are Growing Issues in Criminal Defense

Over the last 10 to 15 years, there has been a noticeable increase in criminal cases involving mental health disorders and substance abuse. Many individuals with these issues find themselves entangled in the criminal justice system. In fact, as Criminal Defense Lawyers, we see that a vast majority of cases involve mental health or addiction issues, ranging from undiagnosed conditions to severe addiction disorders.

Historically, obtaining positive outcomes for clients with mental health issues was challenging. Judges and prosecutors often perceived these individuals as dangerous or unfit for probation, leaving prison as the only option. However, Mental Health Diversion has changed the game, offering treatment-based alternatives for eligible individuals.

Who Qualifies for Mental Health Diversion?

The Mental Health Diversion Program is available to individuals charged with most criminal offenses, as long as they have a qualifying mental health disorder. Some of the eligible conditions include:

• Schizophrenia
• Bipolar disorder
• Depression
• Anxiety
• Substance use disorders such as opioid or alcohol addiction

While this program is extensive, there are exceptions. Individuals charged with murder, voluntary manslaughter, or offenses requiring sex offender registration (with the exception of indecent exposure) are not eligible. Additionally, those diagnosed with antisocial personality disorder or pedophilia disorder cannot participate in the program.

Benefits of Mental Health Diversion for Criminal Defense Cases

One of the most significant advantages of Mental Health Diversion is that individuals do not have to plead guilty or no contest to participate. Instead, the criminal case is replaced with a treatment program that could involve:

• Outpatient counseling
• Psychiatric evaluations and treatment
• Substance abuse treatment, if applicable

Once the treatment is completed, the criminal charges can be dismissed, and the individual’s record is sealed. This is a powerful alternative, especially when facing serious charges like robbery, burglary, theft, or fraud.

How to Pursue Mental Health Diversion

To qualify for this program, the defendant must be diagnosed with a mental health disorder that contributed to the commission of the offense. The defense attorney will help gather medical records or arrange for a new evaluation to prove this connection. From there, a motion is filed with the court, supported by a treatment plan.

The treatment plan can include:

• Psychiatric appointments
• Substance abuse counseling
• Group or individual therapy sessions
• Compliance with medication, if necessary

Once approved, the individual must complete the program within a set timeframe—up to one year for misdemeanors and two years for felonies. Upon successful completion, the case is dismissed.

Substance Use Disorders and Mental Health Diversion

Addiction is now recognized as a mental illness, making those suffering from substance use disorders eligible for Mental Health Diversion. Conditions such as methamphetamine use disorder, alcohol use disorder, and opioid use disorder are all covered under the program.

This evolution in understanding addiction as a mental health issue opens the door for many individuals charged with drug-related offenses to receive treatment and avoid a criminal conviction.

Differences in Mental Health Diversion by County

While the Mental Health Diversion law applies statewide, its implementation can vary by county. For example, in Santa Cruz County, mental health cases are often handled through specialized courts like the Collaborative Courts Program or Behavioral Health Court. Other counties, like Monterey, may handle these cases on a judge-by-judge basis.

A Second Chance for Those in Need

If you or your loved one suffers from a mental health condition or addiction and faces criminal charges, Mental Health Diversion could be the key to getting your life back on track. The program offers the chance to receive necessary treatment, avoid a criminal conviction, and move forward without the burden of a criminal record.

Conclusion

Mental health diversion is a transformative option for individuals caught in the criminal justice system due to mental illness or addiction. If you think this program might apply to your situation, talk to your Criminal Defense Lawyer today to explore the possibility of participating in this life-changing opportunity.

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