Mental Health Diversion Programs in California Criminal Courts

Facing criminal charges can be very stressful, especially if you or someone you care about has a mental health condition. The Law Offices of William Bruzzo are experienced Orange County criminal defense lawyers. We want to help you understand that California has special mental health diversion programs. These programs give people a chance to get treatment and support instead of going to jail. They focus on helping people get better and live healthier lives.

What Are Mental Health Diversion Programs?

Established under California Penal Code section 1001.36, mental health diversion programs allow eligible defendants diagnosed with qualifying mental health disorders to enter treatment-focused programs instead of traditional prosecution and incarceration. These programs recognize that mental illness may contribute to criminal behavior and aim to address root causes through therapy, medication, and support services.

Eligibility Criteria for Mental Health Diversion Programs

To qualify for mental health diversion, defendants must demonstrate:

• Diagnosed with a qualifying mental health condition, even after the offense.
• Diversion must serve public safety and justice interests.
• Willing and able to follow treatment requirements.
• Courts review each case carefully with expert input.

Each case is carefully evaluated by courts, often with input from Orange County criminal defense attorneys familiar with the program’s requirements.

Common Charges Eligible for Mental Health Diversion

Mental health diversion programs often apply to defendants charged with certain types of crimes. These typically include:

• Theft: Minor stealing offenses linked to mental health.
• Drug Possession: Drug charges related to mental health issues.
• Minor Assaults: Low-level assault without serious injury.
• Disorderly Conduct: Disruptive behavior often due to mental illness.
• Vandalism: Property damage during mental health crises.
• Trespassing: Unauthorized entry influenced by mental illness.
• Public Intoxication: Substance use combined with mental health issues.
• Resisting Arrest: Non-violent resistance affected by mental health.

Violent felonies or serious offenses like murder, rape, or major assaults are generally excluded from mental health diversion programs. Each case is unique, and eligibility often requires evaluation by an experienced Orange County criminal defense lawyer.

Benefits of Mental Health Diversion Programs

Mental health diversion provides multiple benefits for eligible defendants:

• Avoiding jail or prison by substituting treatment programs
• Access to court-supervised therapy, medication, and rehabilitation
• Focus on recovery rather than punishment, improving long-term outcomes
• Charges often dismissed after successful completion, protecting future opportunities

How Mental Health Diversion Works and Challenges to Consider

After being accepted, defendants enter a court-supervised treatment program tailored to their needs. Judges balance rehabilitation with accountability. Successfully completing the program usually results in charges being dismissed. 

However, diversion isn’t automatic, courts carefully review each case, and failure to follow treatment rules may lead to prosecution restarting. Experienced Orange County criminal defense lawyers can help navigate these challenges.

Contact Experienced Orange County Criminal Defense Lawyers Today

If you or a loved one is facing criminal charges complicated by mental health issues, contact the Law Offices of William Bruzzo at (714) 547-4636 or contact us online for a free consultation. Our dedicated Orange County criminal defense lawyers are committed to advocating for justice that supports mental health recovery and community safety.