California Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In California, the primary authority for keeping people with mental illness out of jail is Cal. Penal Code § 1001.36 (Pretrial mental health diversion). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every California county.
Who qualifies in California?
- A diagnosed mental health condition (see accepted diagnoses below).
- The condition played a role in the alleged offense.
- Treatment in the community is likely to help, and the person agrees to participate.
- The charge is not on California's exclusion list and public safety can be protected.
- The case is in a county that offers a program or docket with available space.
What diagnoses are accepted?
Any mental disorder in the current DSM (for example bipolar disorder, schizophrenia, schizoaffective disorder, PTSD, major depression), excluding antisocial personality disorder, borderline personality disorder and pedophilia. A qualified mental health expert must provide a recent diagnosis.
Can felonies be included?
Yes. Penal Code § 1001.36 covers most misdemeanors and felonies. Since 2023 the court presumes the diagnosed disorder was a significant factor in the offense unless the prosecution shows otherwise.
Common exclusions
Murder, voluntary manslaughter, rape and certain other sex offenses, and offenses requiring sex-offender registration (except indecent exposure) are excluded. The court can also deny diversion if the person poses an unreasonable risk of a 'super strike' offense.
How the application works in California courts
- 1
Get evaluated
Ask defense counsel to arrange a mental health evaluation from a licensed clinician. Treatment and hospital records help show the diagnosis and how it relates to the charge.
- 2
Request diversion
Defense counsel files a motion for diversion at any point before judgment, attaching an expert evaluation and a proposed treatment plan. The judge holds a hearing and decides; the prosecutor's consent is not required.
- 3
Present a treatment plan
The court reviews a proposed plan — therapy, medication management, case management, housing support — and whether community treatment is safe and likely to work.
- 4
Court decides and sets conditions
If accepted, prosecution is paused (or a plea is held) while you follow the plan, attend status hearings, and stay arrest-free.
- 5
Complete the program
On successful completion the court dismisses the charges and the arrest is deemed never to have occurred, with limited exceptions.
How long it lasts: Up to 2 years for felonies and up to 1 year for misdemeanors.
Statutes for mental health diversion in California
- Cal. Penal Code § 1001.36 — Pretrial mental health diversion
- Cal. Penal Code § 1001.35
- Cal. Welf. & Inst. Code § 5970 et seq. (CARE Court)
Citations and summaries pending attorney review. Always confirm current code sections.
California mental health diversion FAQ
Who qualifies for mental health diversion in California?
Generally, a person with a diagnosed mental health condition that contributed to the charge, who is willing to follow treatment, and whose charge is not excluded. Cal. Penal Code § 1001.36 (Pretrial mental health diversion) is the main authority.
Can felonies get mental health diversion in California?
Yes. Penal Code § 1001.36 covers most misdemeanors and felonies. Since 2023 the court presumes the diagnosed disorder was a significant factor in the offense unless the prosecution shows otherwise.
What diagnoses are accepted in California?
Any mental disorder in the current DSM (for example bipolar disorder, schizophrenia, schizoaffective disorder, PTSD, major depression), excluding antisocial personality disorder, borderline personality disorder and pedophilia. A qualified mental health expert must provide a recent diagnosis.
How long does mental health diversion last in California?
Up to 2 years for felonies and up to 1 year for misdemeanors.
Will my charges be dismissed if I finish the program?
On successful completion the court dismisses the charges and the arrest is deemed never to have occurred, with limited exceptions.
Do I need a lawyer to apply for diversion in California?
It is strongly recommended. A defense attorney can obtain an evaluation, negotiate with the prosecutor, and present the treatment plan. If you cannot afford one, ask the court for a public defender.
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