Georgia Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In Georgia, the primary authority for keeping people with mental illness out of jail is O.C.G.A. § 15-1-16 (Mental health court divisions). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every Georgia county.
Who qualifies in Georgia?
- 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 Georgia'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?
Georgia 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?
Often. Mental health court divisions under O.C.G.A. § 15-1-16 commonly accept nonviolent felonies.
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 Georgia usually weigh public safety heavily.
How the application works in Georgia 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 O.C.G.A. § 15-1-16, or for referral to the local mental health or treatment court. In many Georgia 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 O.C.G.A. § 15-18-80 (pretrial diversion)). Failing to comply can return the case to regular prosecution.
How long it lasts: Most Georgia 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 Georgia
- O.C.G.A. § 15-1-16 — Mental health court divisions
- O.C.G.A. § 15-18-80 (pretrial diversion)
Citations and summaries pending attorney review. Always confirm current code sections.
Georgia mental health diversion FAQ
Who qualifies for mental health diversion in Georgia?
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. O.C.G.A. § 15-1-16 (Mental health court divisions) is the main authority.
Can felonies get mental health diversion in Georgia?
Often. Mental health court divisions under O.C.G.A. § 15-1-16 commonly accept nonviolent felonies.
What diagnoses are accepted in Georgia?
Georgia 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 Georgia?
Most Georgia 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 O.C.G.A. § 15-18-80 (pretrial diversion)). Failing to comply can return the case to regular prosecution.
Do I need a lawyer to apply for diversion in Georgia?
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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