UPDATE ON DIVERSION FOR MENTAL HEALTH TREATMENT

Governor Brown signed Assembly Bill 1810 this past week and it is immediately effective. SB 1810 is incorporated through Penal Code section 1001.36, which creates a discretionary pre-trial diversion procedure for any defendant that suffers from most mental disorders listed in the Diagnostic and Statistic Manual.  PC 1001.36 diversion is available where the mental disorder can be treated, and it played a significant role in commission of the crimes alleged. The diversion program is available only “pretrial,” so it is important to explore this option early. Diversion takes place for less than two years, and can be done either in a residential setting in the community or an outpatient program.

 

The court has the discretion to grant diversion, but is not required to do so. It is up to your defense attorneys to present evidence of mental disorder to the court, including recent diagnosis by a qualified mental health expert, and to propose a vetted treatment program that will appropriately treat the condition. If such a situation applies to you, contact a defense attorney at Margolin & Lawrence today!

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