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 (805) 819-7143 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 (805) 819-7143 or contact us online to schedule a free, confidential consultation.
