Texas Mental Health Diversion: Who Qualifies, Felonies & How to Apply
In Texas, the primary authority for keeping people with mental illness out of jail is Tex. Gov't Code ch. 125 (Mental health court programs). Below: who qualifies, which diagnoses are accepted, whether felony charges can be diverted, what the court process looks like, and links to every Texas county.
Who qualifies in Texas?
- 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 Texas'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?
Texas 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, depending on the county. Mental health court programs under Gov't Code ch. 125 and county pretrial diversion policies frequently accept nonviolent felonies; some counties focus on misdemeanors.
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 Texas usually weigh public safety heavily.
How the application works in Texas 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
Magistrates must order a mental health assessment when there is reason to believe an arrested person has a mental illness (Code Crim. Proc. art. 16.22). The defense then seeks referral to the county's specialty court or district attorney pretrial diversion program.
- 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
Completion commonly leads to dismissal and eligibility to seek expunction or an order of nondisclosure.
How long it lasts: Most Texas 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 Texas
- Tex. Gov't Code ch. 125 — Mental health court programs
- Tex. Code Crim. Proc. art. 16.22
- Tex. Code Crim. Proc. art. 17.032
Citations and summaries pending attorney review. Always confirm current code sections.
Texas mental health diversion FAQ
Who qualifies for mental health diversion in Texas?
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. Tex. Gov't Code ch. 125 (Mental health court programs) is the main authority.
Can felonies get mental health diversion in Texas?
Often, depending on the county. Mental health court programs under Gov't Code ch. 125 and county pretrial diversion policies frequently accept nonviolent felonies; some counties focus on misdemeanors.
What diagnoses are accepted in Texas?
Texas 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 Texas?
Most Texas 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?
Completion commonly leads to dismissal and eligibility to seek expunction or an order of nondisclosure.
Do I need a lawyer to apply for diversion in Texas?
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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