New York Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In New York, the primary authority for keeping people with mental illness out of jail is N.Y. Crim. Proc. Law § 170.55 (Adjournment in contemplation of dismissal). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every New York county.
Who qualifies in New York?
- 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 New York'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?
New York 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?
Sometimes. Judicial diversion under CPL Article 216 covers certain felony drug and property offenses where substance use is involved; many counties also run mental health courts that accept 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 New York usually weigh public safety heavily.
How the application works in New York 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
The defense requests an evaluation and the court decides eligibility; the prosecutor may be heard. Misdemeanors may be resolved by adjournment in contemplation of dismissal (CPL 170.55).
- 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 N.Y. CPL Article 216 (judicial diversion)). Failing to comply can return the case to regular prosecution.
How long it lasts: Most New York 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 New York
- N.Y. Crim. Proc. Law § 170.55 — Adjournment in contemplation of dismissal
- N.Y. CPL Article 216 (judicial diversion)
- N.Y. CPL 730 (competency)
Citations and summaries pending attorney review. Always confirm current code sections.
New York mental health diversion FAQ
Who qualifies for mental health diversion in New York?
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. N.Y. Crim. Proc. Law § 170.55 (Adjournment in contemplation of dismissal) is the main authority.
Can felonies get mental health diversion in New York?
Sometimes. Judicial diversion under CPL Article 216 covers certain felony drug and property offenses where substance use is involved; many counties also run mental health courts that accept felonies.
What diagnoses are accepted in New York?
New York 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 New York?
Most New York 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 N.Y. CPL Article 216 (judicial diversion)). Failing to comply can return the case to regular prosecution.
Do I need a lawyer to apply for diversion in New York?
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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