Delaware Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In Delaware, the primary authority for keeping people with mental illness out of jail is Del. Code tit. 11, § 4218 (Probation before judgment). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every Delaware county.
Who qualifies in Delaware?
- 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 Delaware'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?
Delaware programs generally focus on serious and persistent mental illness — such as schizophrenia, bipolar disorder, major depressive disorder, PTSD, and schizoaffective disorder — and often accept co-occurring substance use disorders. A recent evaluation by a licensed clinician is usually required.
Can felonies be included?
It depends on the program. In Delaware, probation before judgment (Del. Code tit. 11, § 4218) is most often used for misdemeanors and nonviolent felonies. Many Delaware problem-solving and mental health courts accept felony cases, but serious violent and sex offenses are usually excluded.
Common exclusions
Charges involving serious violence, sex offenses, firearms, or significant victim injury are commonly excluded, and a lengthy criminal history can count against admission. Prosecutors and judges in Delaware usually weigh public safety heavily.
How the application works in Delaware 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
Your attorney asks the prosecutor or the court for diversion under Del. Code tit. 11, § 4218, or for referral to the local mental health or treatment court. In many Delaware courts the prosecutor's agreement is 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
Successful completion commonly leads to dismissal or a reduced charge, and may open the door to sealing or expungement (see Delaware Mental Health Court (Court of Common Pleas / Superior Court)). Failing to comply can return the case to regular prosecution.
How long it lasts: Most Delaware diversion and mental health court programs last roughly 12 to 24 months, depending on the charge and progress in treatment.
Statutes for mental health diversion in Delaware
- Del. Code tit. 11, § 4218 — Probation before judgment
- Delaware Mental Health Court (Court of Common Pleas / Superior Court)
Citations and summaries pending attorney review. Always confirm current code sections.
Delaware mental health diversion FAQ
Who qualifies for mental health diversion in Delaware?
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. Del. Code tit. 11, § 4218 (Probation before judgment) is the main authority.
Can felonies get mental health diversion in Delaware?
It depends on the program. In Delaware, probation before judgment (Del. Code tit. 11, § 4218) is most often used for misdemeanors and nonviolent felonies. Many Delaware problem-solving and mental health courts accept felony cases, but serious violent and sex offenses are usually excluded.
What diagnoses are accepted in Delaware?
Delaware programs generally focus on serious and persistent mental illness — such as schizophrenia, bipolar disorder, major depressive disorder, PTSD, and schizoaffective disorder — and often accept co-occurring substance use disorders. A recent evaluation by a licensed clinician is usually required.
How long does mental health diversion last in Delaware?
Most Delaware diversion and mental health court programs last roughly 12 to 24 months, depending on the charge and progress in treatment.
Will my charges be dismissed if I finish the program?
Successful completion commonly leads to dismissal or a reduced charge, and may open the door to sealing or expungement (see Delaware Mental Health Court (Court of Common Pleas / Superior Court)). Failing to comply can return the case to regular prosecution.
Do I need a lawyer to apply for diversion in Delaware?
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.
Get matched with a Delaware attorney specializing in mental health diversions
Answer a few questions so we can route your request to a defense attorney who handles cases in your court.