Mental Health Diversion
Assessing eligibility for treatment in lieu of criminal prosecution.
Under Penal Code §1001.36, defendants may be eligible for pre‑trial diversion if a mental disorder played a significant role in the charged offense, treatment would meet mental‑health needs, and diversion would not pose an unreasonable risk to public safety. Referrals occur when courts or counsel seek to determine eligibility for diversion or mental‑health court programs.
What you receive
Presence of a qualifying mental disorder and its connection to the alleged offense
Amenability to treatment and motivation to engage in services
Public‑safety risk using tools like the Historical‑Clinical‑Risk Management‑20 (HCR‑20-V3)
Collateral support and treatment resources available to the defendant
Recommendations regarding diversion suitability and conditions
Our Process
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We review arrest and charging papers, mental‑health and medical records, probation/parole reports, and prior evaluations.
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We assess diagnostic history, symptom severity, insight, and willingness to participate in treatment.
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We evaluate public‑safety risk using SPJ and actuarial tools (e.g., HCR‑20-V3).
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When possible or appropriate, we consult with defense counsel, treatment providers, family, and probation officers to gather information on compliance and support systems.
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Our report integrates statutory criteria. Timelines vary depending on case complexity and court schedules; please contact us to discuss expected delivery. Testimony is provided upon request.
FAQs
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No. The disorder must have contributed to the offense, the individual must be amenable to treatment, and public‑safety risk must be reasonable.
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The defendant participates in treatment; charges are dismissed upon successful completion.
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Yes. Non‑compliance or new offenses may result in revocation.
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We can recommend and coordinate with appropriate community treatment providers.
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