Pennsylvania Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In Pennsylvania, the primary authority for keeping people with mental illness out of jail is Pa.R.Crim.P. 310-320 (Accelerated Rehabilitative Disposition (ARD)). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every Pennsylvania county.
Who qualifies in Pennsylvania?
- 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 Pennsylvania'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?
Pennsylvania 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. Accelerated Rehabilitative Disposition (ARD) is controlled by the district attorney and is mostly used for first-time, lower-level offenses; 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 Pennsylvania usually weigh public safety heavily.
How the application works in Pennsylvania 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 district attorney decides whether to move for ARD; the judge then approves conditions. Mental health court admission is handled through county screening teams.
- 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
Completing ARD leads to dismissal and the ability to petition for expungement of the record.
How long it lasts: Most Pennsylvania 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 Pennsylvania
- Pa.R.Crim.P. 310-320 — Accelerated Rehabilitative Disposition (ARD)
- Pennsylvania county mental health courts
Citations and summaries pending attorney review. Always confirm current code sections.
Pennsylvania mental health diversion FAQ
Who qualifies for mental health diversion in Pennsylvania?
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. Pa.R.Crim.P. 310-320 (Accelerated Rehabilitative Disposition (ARD)) is the main authority.
Can felonies get mental health diversion in Pennsylvania?
Sometimes. Accelerated Rehabilitative Disposition (ARD) is controlled by the district attorney and is mostly used for first-time, lower-level offenses; many counties also run mental health courts that accept felonies.
What diagnoses are accepted in Pennsylvania?
Pennsylvania 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 Pennsylvania?
Most Pennsylvania 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?
Completing ARD leads to dismissal and the ability to petition for expungement of the record.
Do I need a lawyer to apply for diversion in Pennsylvania?
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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