Post By: Dmitry Zharkov
Short answer: California Penal Code §1001.36 lets eligible defendants pause a criminal case before it’s decided and complete a court-approved mental-health treatment plan (therapy, randomized testing, compliance checks, and related conditions). If they perform satisfactorily, the court can dismiss the charges and restrict access to the arrest record (with limited exceptions). This article is informational only; talk to a licensed attorney about your case.
Why courts use mental-health diversion
- Treat root causes: Many cases stem from treatable mental-health conditions.
- Reduce reoffending: Structure + monitoring tends to lower risk.
- Promote accountability: Diversion requires action—showing up, testing clean, completing care.
- Individualize outcomes: Judges can tailor requirements to the person, not just the charge.
Who may qualify (big picture)
To be considered, defendants typically need:
- A qualifying DSM diagnosis (certain disorders are excluded by statute).
- Evidence that symptoms were a significant factor in the charged conduct.
- A clinician’s opinion that the condition would respond to treatment.
- Consent to participate, agree to conditions, and waive speedy trial during diversion.
- A court finding that community treatment won’t pose an unreasonable risk to public safety.
Not eligible: Certain serious/violent and sex-registration offenses are excluded by law.
What the process looks like
- When to request: Any time after charging and before adjudication.
- Length: Up to 1 year on misdemeanors and 2 years on felonies.
- Monitoring: Regular progress reports to the court and parties.
- Outcomes:
- Successful completion → charges dismissed; arrest treated as not having occurred (with narrow exceptions).
- Non-compliance → court may modify terms or reinstate proceedings.
Proof courts tend to weigh
- Diagnosis documentation (recent evaluation, clinician notes).
- A treatment plan (level of care, frequency, milestones).
- Randomized drug/alcohol testing with chain-of-custody logs.
- Attendance/therapy logs and progress summaries.
- Stability letters (work, school, caregiving), restitution plans where relevant.
Coordinate the three pillars (release → counsel → treatment)
The strongest diversion posture forms when families activate all three pillars fast:
- Release (so treatment can start immediately):
- Quick release minimizes disruption and allows first clean tests within 24–48 hours of custody. For LA County cases, many families turn to Midnight Bail Bonds to get out promptly and begin compliance.
- Defense strategy (eligibility, filings, and evidence):
- A focused criminal-defense team evaluates diagnosis, causation, safety, and local practice—then frames the motion and hearings. In Los Angeles, defendants often consult Rubin Law, P.C. for strategy, timing, and how mitigation should be presented.
- Treatment & documentation (what the court wants to see):
- Executive Treatment Solutions — Pretrial Diversion Programs structures licensed assessments, randomized testing, verified care, and attorney-ready progress reports so counsel can argue from evidence, not promises.
7-day starter timeline (practical playbook)
- Day 0–1: Intake + first randomized test; issue onboarding letter to counsel.
- Day 2–3: Begin therapy/IOP as indicated; logs/results flow into a centralized case file.
- Day 3–5: Add work/school letters; confirm court date; maintain clean testing.
- Day 5–7: First progress report to the defense team; lock a 30-day plan.
FAQs
Does starting treatment make me “look guilty”?
Courts generally view voluntary treatment as risk reduction, not an admission. Ask your attorney how your progress should be presented.
Is residential rehab required?
Not always. Many participants succeed with verified outpatient care plus randomized testing and counseling; level of care is clinical + legal-strategy driven.
What if sentencing is soon or a plea already entered?
Current, credible progress can still influence sentencing and compliance terms. Starting now is better than waiting.
Can mental-health diversion apply to DUI or drug cases?
It can, when a qualifying diagnosis significantly contributed and the court finds community treatment safe; your attorney must advise on eligibility and local practice.
Bottom line
PC 1001.36 exists to replace a punishment-only path with accountability plus rehabilitation—when public safety allows. The fastest way to a credible diversion posture is to align release, defense strategy, and documented treatment from day one.
Not legal advice. Speak with a licensed California criminal-defense attorney about your eligibility for §1001.36 mental-health diversion.
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