Memphis Mental Health Diversion Programs
If you or a loved one was arrested in Memphis during a mental health crisis, Tennessee law may allow the case to be diverted into treatment instead of traditional prosecution. Memphis cases are generally handled in Shelby County courts — this guide explains how diversion works there, who qualifies, and what happens after.
Tennessee law that applies in Memphis
Tenn. Code § 40-15-105 — Pretrial diversion.
- Tenn. Code § 16-22-101 et seq. (recovery courts)
Citations pending attorney review.
How a Memphis case moves into diversion
- 1. Arrest & booking. After a Memphis arrest, the case is filed with Shelby County prosecutors. Jail mental health staff may flag a condition at intake.
- 2. Defense request. Your attorney gathers treatment records and asks the court or prosecutor for diversion or mental health court referral.
- 3. Evaluation & plan. A clinician confirms the diagnosis and proposes a treatment plan for the court to review.
- 4. Supervision. You follow the plan with regular check-ins with the Shelby County court or program staff.
- 5. Dismissal. Successful completion can lead to dismissed charges and possible record sealing.
Who may qualify in Memphis
Courts commonly consider a diagnosed condition such as bipolar disorder, schizophrenia, PTSD, or major depression; whether it contributed to the alleged offense; whether treatment is likely to help; and public safety. Veterans may also be eligible for veterans treatment court where available. For the full Tennessee breakdown, see the Tennessee diversion guide.
Memphis diversion FAQs
Does Memphis have a mental health diversion program?
Criminal cases from Memphis are typically heard in Shelby County courts, where diversion is governed by Tenn. Code § 40-15-105 (Pretrial diversion) and local court and prosecutor policy. Availability depends on the charge and program capacity — a local defense attorney can confirm current options.
Where are Memphis criminal cases heard?
Most Memphis arrests are prosecuted in the Shelby County criminal courts. Some minor offenses may go through municipal court. Mental health court dockets, where available, are usually run at the county level.
Who qualifies for mental health diversion in Memphis?
Courts commonly look for a diagnosed mental health condition (bipolar disorder, schizophrenia, PTSD, major depression, and others) that played a role in the offense, a treatment plan likely to help, and no unreasonable public safety risk. Some serious or violent charges may be excluded under Tennessee law.
Can felony charges in Memphis be diverted?
It depends on Tennessee law and the specific charge. Some Tennessee programs accept certain felonies; others are limited to misdemeanors. A Memphis diversion lawyer can review whether your charge is eligible.
What happens if I complete diversion in Memphis?
Successful completion of a Tennessee diversion program often leads to dismissal of the charges, and may open the door to sealing or expungement of the arrest record.
How do I find a mental health diversion lawyer in Memphis?
Look for a criminal defense attorney who regularly practices in Shelby County courts and has handled diversion or mental health court cases. You can request a match through this site at no cost.