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In certain California criminal cases, a defendant may be eligible to participate in a mental health diversion program under California Penal Code §1001.36. In order to participate in a mental health diversion, the defendant must meet certain qualifications and then be willing to complete a treatment program. The mental health diversion program can have significant benefits in terms of getting a defendant’s case resolved and getting someone the help they need. For more information about mental health diversion and whether you might be eligible please contact the Torrance juvenile criminal defense attorneys at Saros Law APC.
Mental health diversion is a treatment program authorized by the California Penal Code that permits persons with certain mental disorders to receive treatment with court supervision. If the person successfully completes their treatment and complies with the rules set forth by the court, then the charges may be dismissed.
To qualify for mental health diversion, the following conditions must be present:
• Must suffer from a qualifying mental health condition;
• The mental disorder must play a significant role in the crime;
• A qualified mental health expert has the opinion that the defendant would respond positively to mental health treatment;
• Consent to mental health diversion and waiver of the right to a speedy trial;
• Agreement to comply with treatment; and
• Satisfaction of the court that the defendant does not pose an unreasonable risk of danger to the public.
Because of the significant benefits of mental health diversion and the possibility of dismissal of the charges, many defendants seek to participate in the program. An attorney can help gather and present evidence to support a finding that a person qualifies. An attorney will advocate for you to receive the benefits of the program.