Penal Code Section 1001.36 – Mental Health Diversion

Penal Code Section 1001.36 is a significant California law that allows certain defendants with mental health conditions to qualify for Mental Health Diversion. This program provides eligible individuals the opportunity to receive mental health treatment instead of facing traditional criminal prosecution. Successful completion of the program may lead to the dismissal of charges, preventing a criminal conviction from appearing on their record.

The Mental Health Diversion program is designed to help individuals avoid the harsh consequences of a criminal conviction while receiving necessary treatment. The benefits include:

• Avoiding jail or prison time.

• Receiving court-approved mental health treatment.

• Dismissal of criminal charges upon successful completion.

• Preventing a permanent criminal record.

• Improving long-term mental well-being.

To qualify under Penal Code Section 1001.36, the defendant must be diagnosed with a mental disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5). There are many disorders in the DSM-5, but some common disorders include but are not limited to:

1. Schizophrenia

2. Bipolar disorder

3. PTSD (Post-Traumatic Stress Disorder)

4. Schizoaffective disorder

However, the law excludes individuals diagnosed solely with antisocial personality disorder, borderline personality disorder, or pedophilia from eligibility.

Old law: Previously, the Mental Health Diversion law required that the Court be satisfied that the Defendant’s mental disorder was a significant factor.

New law as of 2024: Under the most recent amendments to the law, now if the defendant has been diagnosed with a mental disorder, the court shall find (must find) that the defendant’s mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense.

The importance here is that under the old law, the Defendant had to show the judge that the Defendant’s mental disorder was a significant factor in the crime—making it harder to prove. But now, under the new law, a Defendant’s mental disorder will be presumed to be a significant factor in the crime unless the prosecution can show a tremendous amount of evidence proving otherwise. This a huge win for Defendants!

Not all crimes are eligible under Penal Code Section 1001.36. The program applies to many misdemeanors and felonies, except for:

• Murder and voluntary manslaughter.

• Certain sex offenses requiring registration.

• Assault with intent to commit certain sexual offenses.

• Rape or sexual penetration in concert with another person.

• Continuous sexual abuse of a child.

To be eligible, the defendant must:

1. Agree to participate in treatment as required by the court.

2. Demonstrate that their mental disorder played a significant role in the alleged offense.

3. Show that treatment will reduce the likelihood of future offenses.

4. Not pose an unreasonable risk to public safety.

5. Comply with all court-mandated treatment requirements.

1. Defense lawyer files a petition requesting Mental Health Diversion.

2. The court evaluates eligibility, considering mental health diagnosis and criminal history.

3. If the defendant has been diagnosed with a mental disorder, the court shall find that the defendant’s mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense.

4. If granted, the defendant enters treatment instead of facing prosecution.

5. The court monitors progress and ensures compliance with treatment.

6. Charges will be dismissed upon successful completion of the program.

Successful completion of the program results in a case dismissal, meaning the defendant avoids a conviction and retains a clean record. However, if the defendant fails to comply with treatment, the case will resume, and they could face criminal prosecution once again.

Once a defendant successfully completes the Mental Health Diversion program, the charges are dismissed, preventing the offense from appearing on a criminal record. This allows individuals to avoid the stigma and consequences of a felony or misdemeanor conviction.

The defendant must demonstrate that their mental health disorder significantly contributed to the alleged offense. This often involves obtaining medical records and expert testimony.

To qualify for diversion, the defendant must prove they do not pose an unreasonable risk to public safety. Factors such as past criminal history and behavior during legal proceedings are considered.

If there are errors in the legal process or insufficient evidence proving the defendant’s role in the crime, their attorney may challenge the case to strengthen their eligibility for Mental Health Diversion.

If you are facing criminal charges and believe you qualify under Penal Code Section 1001.36, contact a Los Angeles criminal defense lawyer immediately. A legal expert can help guide you through the application process.

A qualified defense attorney will assist in gathering medical documentation proving the presence of a qualifying mental health condition and how it influenced the alleged crime.

Your attorney will compile evidence, medical reports, and expert testimonies to build a compelling argument for Mental Health Diversion.

At DCD LAW, we specialize in Mental Health Diversion cases and work diligently to secure the best possible outcome for our clients.

Our legal team builds strong defense strategies to help clients meet the eligibility requirements for Mental Health Diversion and avoid harsh criminal penalties.

Choosing DCD LAW for mental health diversion defense ensures that you receive expert guidance in navigating the complexities of mental health diversion programs. Our experienced attorneys are dedicated to securing alternative sentencing options that prioritize treatment over punishment. With a strong track record in handling mental health-related cases, DCD LAW provides compassionate and effective legal representation.