Hawaii Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In Hawaii, the primary authority for keeping people with mental illness out of jail is HRS § 853-1 (Deferred acceptance of guilty or no contest plea). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every Hawaii county.
Who qualifies in Hawaii?
- 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 Hawaii'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?
Hawaii 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 Hawaii, deferred acceptance of guilty or no contest plea (HRS § 853-1) is most often used for misdemeanors and nonviolent felonies. Many Hawaii 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 Hawaii usually weigh public safety heavily.
How the application works in Hawaii 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 HRS § 853-1, or for referral to the local mental health or treatment court. In many Hawaii 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 Hawaii Mental Health Court (First Circuit)). Failing to comply can return the case to regular prosecution.
How long it lasts: Most Hawaii 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 Hawaii
- HRS § 853-1 — Deferred acceptance of guilty or no contest plea
- Hawaii Mental Health Court (First Circuit)
Citations and summaries pending attorney review. Always confirm current code sections.
Hawaii mental health diversion FAQ
Who qualifies for mental health diversion in Hawaii?
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. HRS § 853-1 (Deferred acceptance of guilty or no contest plea) is the main authority.
Can felonies get mental health diversion in Hawaii?
It depends on the program. In Hawaii, deferred acceptance of guilty or no contest plea (HRS § 853-1) is most often used for misdemeanors and nonviolent felonies. Many Hawaii problem-solving and mental health courts accept felony cases, but serious violent and sex offenses are usually excluded.
What diagnoses are accepted in Hawaii?
Hawaii 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 Hawaii?
Most Hawaii 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 Hawaii Mental Health Court (First Circuit)). Failing to comply can return the case to regular prosecution.
Do I need a lawyer to apply for diversion in Hawaii?
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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