Mental Health Diversion

Ventura Mental Health Diversion Attorneys

Guiding Clients and Their Families Through California’s Mental Health Diversion Program

When an individual struggling with mental health issues is charged with a crime in the state of California, they have an opportunity for relief through the state’s Mental Health Diversion program. Introduced in 2018, judges in the California court system now have the ability to mandate treatment and counseling to those suffering mental health conditions in lieu of jailtime or other traditional punitive measures. Furthermore, if successfully completed, the program seals the defendant’s arrest record, better positioning them on a road to recovery.

Our Ventura mental health diversion lawyers at Lessem, Newstat & Tooson, LLP have dedicated much of their practice to assisting clients in areas of mental health law. The United States justice system has long struggled to manage individuals battling mental illnesses, so we are enthusiastic that we can work to safeguard the futures of our clients through the use of this new legal option. California’s Mental Health Diversion program represents another legal mechanism by which we can achieve justice for our clients and limit the negative impact of actions resulting from mental health problems.

Call (800) 295-1054 or contact us online to learn more about California’s Mental Health Diversion Program and to see whether you or a loved one may qualify for relief.

Benefits of California’s Mental Health Diversion Program

The Mental Health Diversion program seeks to acknowledge that conventional punitive consequences to crimes will not be effective in rehabilitating individuals suffering from mental health problems. Consequently, it forgoes incarceration and instead aims to treat defendants through counseling and targeted treatment programs tailored to their needs.

Mental Health Diversion can be requested at any point before a defendant is sentenced. If the defendant is found unfit to stand trial due to mental incompetence, Mental Health Diversion can be considered as an alternative.If approved for the program, any further action in the trial will be suspended and postponed pending the successful completion of court-ordered treatment.

Should the treatment be successful, the defendant’s arrest record will be sealed. Outstanding charges will also be dismissed. Avoiding conventional means of criminal rehabilitation can represent a boon to individuals struggling with mental health and their families. It extends them a lifeline to get them the help they need versus potentially exacerbating mental health issues through incarceration and limiting future opportunities with a restrictive criminal record.

Qualifying for California’s Mental Health Diversion Program

Not everyone will necessarily qualify for benefits of Mental Health Diversion. Defendants will have to prove their eligibility by simultaneously meeting several conditions.

The defendant must demonstrate they suffer from a qualifying mental condition. A condition is typically considered eligible if it is listed in the Diagnostic and Statistic Manual for Mental Health Disorders. Many common and serious mental health conditions, including post-traumatic stress disorder (PTSD), schizophrenia, and bipolar disorder qualify. Exclusions include pedophilia, antisocial personality disorder, and borderline personality disorder.

The court will not simply accept a defendant’s claim they have a qualifying condition. They must also prove their claim through a diagnosis from a qualified medical professional.

The court must agree that the mental health condition of the defendant significantly contributed to the crime. Consequently, any symptomatic behavior observed at the time of the arrest will likely become extremely important. A judge might also interview the arresting officer, any relevant witnesses, and other medical records.

A healthcare professional must decide that the defendant’s condition would respond to treatment mandated by the Mental Health Diversion program. Specifically, the symptoms that led to the crime must be able to be treated. Judges will rely on the opinion of medical experts when evaluating this point.

Because pursuing care under Mental Health Diversion is done in lieu of a trial, defendants must voluntarily forgo their right to one. The only exception occurs when a defendant is not mentally capable of relinquishing their rights but is otherwise a good candidate for the program. In these situations, a judge can approve Mental Health Diversion without the defendant’s explicit consent.

Not everyone will necessarily qualify for benefits of Mental Health Diversion. Defendants will have to prove their eligibility by simultaneously meeting several conditions.

The defendant must demonstrate they suffer from a qualifying mental condition. A condition is typically considered eligible if it is listed in the Diagnostic and Statistic Manual for Mental Health Disorders. Many common and serious mental health conditions, including post-traumatic stress disorder (PTSD), schizophrenia, and bipolar disorder qualify. Exclusions include pedophilia, antisocial personality disorder, and borderline personality disorder.

The court will not simply accept a defendant’s claim they have a qualifying condition. They must also prove their claim through a diagnosis from a qualified medical professional.

The court must agree that the mental health condition of the defendant significantly contributed to the crime. Consequently, any symptomatic behavior observed at the time of the arrest will likely become extremely important. A judge might also interview the arresting officer, any relevant witnesses, and other medical records.

A healthcare professional must decide that the defendant’s condition would respond to treatment mandated by the Mental Health Diversion program. Specifically, the symptoms that led to the crime must be able to be treated. Judges will rely on the opinion of medical experts when evaluating this point.

Because pursuing care under Mental Health Diversion is done in lieu of a trial, defendants must voluntarily forgo their right to one. The only exception occurs when a defendant is not mentally capable of relinquishing their rights but is otherwise a good candidate for the program. In these situations, a judge can approve Mental Health Diversion without the defendant’s explicit consent.

The defendant must also agree to faithfully undergo the treatment recommended by the court as a result of diversion. Again, this provision can potentially be circumvented if the defendant is not mentally capable of responding.

Finally, the court must decide the defendant will not pose a significant risk to the public if treated under Mental Health Diversion. Judges will consider the opinions of the defendant’s legal team, the district attorney, and healthcare professionals. They will also consider any previous criminal history, particularly any violent crimes. Defendants charged with violent felonies tend to be found ineligible for Diversion.

If a defendant is found to be in compliance with each of these eligibility requirements, they may be permitted to pursue Diversion instead of proceeding with a traditional criminal trial. These factors will be evaluated at “eligibility” and “suitability” hearings. Our Ventura Mental Health Diversion attorneys can represent you or your loved one and vigorously argue their case.

Call (800) 295-1054 or contact us online to schedule a free, confidential consultation.

The Treatment Process of Mental Health Diversion

If a defendant is found eligible for the Mental Health Diversion program, a treatment plan will need to be proposed to the court. This should be done in conjunction with the defendant’s healthcare team and any other relevant mental health experts.

A proposed treatment plan under Mental Health Diversion can last up to 2 years in duration. It can consist of inpatient or outpatient care but should specifically aim to treat the symptoms that led to the current charges in addition to the long-term recovery of the defendant.

The judge presiding over the case will have substantial discretion in approving a proposed treatment plan. They will consider both the arguments of the defendant and the prosecution.

Once a treatment plan has been approved and has begun, the court will require regular updates. The facilitator of the defendant’s treatment will generally be responsible for providing these progress reports. The prosecution will also be entitled to any update on the defendant’s treatment.

If the defendant is charged with a new felony or a misdemeanor signaling potential future violence, the treatment plan will halt, and a new hearing will be held. Diversion can also be disrupted if the medical team providing the treatment feels the plan is ineffectual or that the defendant’s condition has worsened to the point where he has become disabled.

A new hearing will involve deciding whether the treatment plan should be modified or if criminal charges should be pursued. In situations where the defendant has become disabled, a judge might recommend a conservatorship process be initiated.

Completing Treatment under Mental Health Diversion

A defendant has completed their treatment when conditions of the court-approved plan have been met. This typically includes a sign-off from the healthcare professionals who facilitated the treatment and indication that the defendant will continue to address their mental health condition going forward. The defendant will also need to have not committed any additional crimes, regardless of whether they stemmed from their mental health problems.

Should the judge agree that the treatment plan was successfully completed and are satisfied with the progress of the defendant, the relevant charges will be immediately dismissed. The original arrest record that led to those charges will also be sealed.

We Can Help You Navigate Mental Health Diversion

While Mental Heath Diversion represents a great tool to help Californians struggling with mental health find alternatives to criminal prosecution, it can be challenging to be found eligible, especially in the face of aggressive prosecution. Our Ventura Mental Health Diversion lawyers at Lessem, Newstat & Tooson, LLP are committed to helping our clients and their loved ones find relief through the program and do everything possible to help them get the treatment they need. We can assess the facts of your case and help you understand whether you may be eligible for Mental Health Diversion, and, if not, what other forms of mental health relief may be available to you.

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