California Mental Health Court Lawyer
If you've been arrested in California and you're living with a mental health condition, Mental Health Court may offer you an alternative to jail or prison. This type of court is designed for people whose mental illness played a major role in the alleged crime. Instead of punishment, the focus is on getting you treatment. Participating in Mental Health Court can help you avoid a criminal conviction, keep you out of custody, and get you on a better path through supervised care and services. But entering the program isn't automatic—you'll need to meet legal criteria and persuade the court that this path is right for you. A criminal defense lawyer who understands the system can guide you through this process and fight for your placement in a diversion program.
In the following sections, P. Jeff Voll Inc. explains what you need to know, including how Mental Health Court works and how a California mental health court lawyer can make a difference in the outcome of your case.
Pasadena Mental Health Court Attorney
If you or someone you care about has been arrested and faces a case that might qualify for Mental Health Court, you need to act now. The California criminal defense lawyers at P. Jeff Voll Inc. are ready to step in immediately, assess your case, and protect your rights. You're not just dealing with a criminal charge—you're dealing with a health issue that deserves to be treated, not punished. Call us now. Don't wait. Every day without a legal strategy puts you at greater risk. We've helped people just like you avoid convictions and move forward with their lives. To get experienced, aggressive, and compassionate representation, contact P. Jeff Voll Inc. by calling (323) 467-6400 or contact us online for a consultation with a Mental Health Court attorney.
Legal Foundation of Mental Health Court
What These Laws Are — Mental Health Court in California is based on two state laws: Penal Code § 1001.35 and Penal Code § 1001.36. These were added to California law in 2018 to help people with mental illness avoid the cycle of being arrested, jailed, released, and arrested again. Instead of punishment, these laws give you the chance to get treatment. This process is called mental health diversion—meaning your criminal case is paused while you get care.
Why the Laws Exist — Penal Code § 1001.35 explains the big-picture goal of mental health diversion: to reduce how often people with mental illness go through the criminal justice system. It also says that local counties can create their own diversion programs that fit their needs. The law is built on the idea that treatment is often more effective than punishment when someone commits a crime that's related to a mental health condition.
How the Law Works in Practice — Penal Code § 1001.36 lays out the details. It tells the court what kinds of cases qualify, how to decide if you're eligible, and what rules you must follow. It also explains what happens when you successfully finish the program—or if you don't. If you meet the requirements and follow through, your charges can be dismissed, and your arrest record may be sealed.
Who Qualifies for Mental Health Diversion?
You Need a Qualifying Mental Health Diagnosis — Under Penal Code § 1001.36(b)(1)(A), you must have a diagnosed mental health disorder. The diagnosis must come from the Diagnostic and Statistical Manual of Mental Disorders (DSM)—that's the standard doctors and therapists use. Qualifying conditions include things like:
- Schizophrenia
- Bipolar disorder
- Schizoaffective disorder
- Post-traumatic stress disorder (PTSD)
- Major depressive disorder
Some disorders don't count. For example, antisocial personality disorder and pedophilia are specifically excluded under California law. You'll need documentation from a licensed mental health professional, and the diagnosis must be current—usually meaning you've been evaluated or treated within the last five years.
Your Mental Health Condition Must Be Tied to the Crime — According to Penal Code § 1001.36(b)(1)(B), the court must believe that your mental illness played a significant role in why the crime happened. In other words, there must be a clear connection between your condition and the offense. This can be shown through medical records, police reports, psychological evaluations, or expert opinions. The court needs to see evidence that, if not for your mental health struggles, you may not have committed the offense.
The Court Will Look at More Than Just Your Diagnosis — Even if you have a qualifying diagnosis and a connection to the offense, the judge still has to make sure you're a good fit. Under Penal Code § 1001.36(b)(1)(C)-(F), the court considers:
- Are you willing to participate in treatment?
- Is your condition treatable?
- Are you likely to respond well to care?
- Do you pose a serious risk to public safety?
This last part is important. If the judge believes that releasing you would put others in danger, you may not be allowed to participate, even if you meet the other criteria.
A California Mental Health Court Attorney Is Key — Mental health diversion isn't automatic. You and your attorney have to formally request it from the court and provide evidence that you qualify. It helps to have a lawyer who knows how the mental health court system works and can gather the right documents and experts to support your request.
Offenses Excluded from Diversion
Some Charges Make You Ineligible — Even if you meet all the other requirements, Penal Code § 1001.36(b)(2) says you can't enter a diversion program if you're charged with certain serious crimes. These include:
- Murder or voluntary manslaughter
- Rape or continuous sexual abuse of a child
- Any crime requiring registration as a sex offender under Penal Code § 290 (except for indecent exposure)
- Lewd acts with a child under 14
- Assault with intent to commit rape, sodomy, or oral copulation (Penal Code § 220)
- Gang rape (Penal Code § 264.1)
- Specific acts involving weapons of mass destruction (Penal Code § 11418(b) and (c))
No Exceptions Allowed — If you're charged with one of these crimes, the law does not allow the judge to give you mental health diversion—even if your mental illness played a major role and even if you're willing to get treatment. For all other offenses, the judge has the discretion to decide.
The Mental Health Court Process
How You Get Started — The process usually begins soon after your arrest. You or your attorney can ask for a mental health diversion review at any time before your case is resolved, including before trial or sentencing. The earlier you bring it up, the more options you may have.
First Step: Showing That You're Eligible — The court needs to see that:
- You have a qualifying mental illness.
- Your condition contributed to the offense.
- You're open to treatment and not a serious safety risk.
This evidence can include psychiatric evaluations, letters from doctors, or a history of treatment.
Second Step: The Court Reviews Your Case — If you look like a strong candidate, the judge may schedule a formal diversion hearing. During the hearing, the judge will review your diagnosis, hear from experts, and decide whether you qualify. The court will also want to know what kind of treatment program you'll be entering and who will be responsible for monitoring your progress.
If Approved, Your Case Is Put on Hold — Once the judge grants diversion under Penal Code 1001.36(c), your criminal case is paused, not dismissed. You start treatment while the court watches your progress. If things go well, your charges can be dismissed at the end.
Legal Rights and Responsibilities of the Defendant
You Must Voluntarily Agree — You have to agree to participate in the program. That means giving up certain rights—most importantly, your right to a speedy trial while you're in treatment. This is explained under Penal Code § 1001.36(d).
What If You're Not Competent to Agree? — If you've already been found mentally incompetent under Penal Code § 1370 or § 1370.01, the court can still allow diversion as long as you've been stabilized and your treatment plan is appropriate.
You Must Stick to the Plan — Treatment plans vary depending on your needs. They could include:
- Therapy or counseling
- Medication management
- Substance use treatment
- Housing or employment support
You'll be assigned a treatment provider, and that provider will send updates to the court, your lawyer, and the prosecutor.
What Happens If You Don't Follow the Rules? — If you skip appointments, stop treatment, or get arrested again, the court can hold a hearing to decide whether to remove you from the program. If that happens, your original case resumes just like any other criminal prosecution.
Treatment Plans and Program Structure
What the Treatment Might Look Like — Your treatment could happen in an outpatient clinic, a live-in facility, or with a private therapist. The goal is to address the root cause of your behavior so you don't end up in court again.
Who Provides the Treatment — Under Penal Code § 1001.36(c)(1), you might be referred to:
- A public agency (like your county mental health department)
- A nonprofit
- A private provider
- A combination of these
The provider must agree to take you, and the program must be able to meet your needs. If a county agency says it can't provide treatment—for example, due to lack of funding—it can submit a written statement, and the court can't force them to take you.
How Long It Lasts — Diversion can last up to:
- Two years for felony charges
- One year for misdemeanors
During that time, the court will check in on your progress and can make changes if needed.
Consequences of Successful and Unsuccessful Diversion
If You Complete the Program — According to Penal Code § 1001.36(h), if you follow through with treatment and meet the program's goals, the court will dismiss your charges. Your record will be sealed, and legally it will be like the arrest never happened—except in rare cases, such as when applying to be a police officer.
What Counts as “Successful” Completion — The law doesn't expect perfection. You don't have to attend every session without fail. But the court will look for “substantial compliance.” That means:
- You stuck with the plan
- You didn't commit new crimes
- You have a plan for ongoing care after the program ends
If You Don't Complete the Program — If you drop out, relapse, or get into trouble again, the court can end the diversion. Your case picks up where it left off, and you may go to trial or face sentencing just like any other criminal defendant.
How a Criminal Defense Lawyer Can Help
Navigating Mental Health Court under Penal Code § 1001.36 is complicated—you need the right evidence, expert evaluations, and a strong legal strategy. A skilled criminal defense lawyer can make the difference between getting treatment and ending up with a conviction.
At P. Jeff Voll Inc., we start immediately by reviewing your mental health history, connecting you with professionals, and gathering proof that your condition contributed to the offense. We craft a custom treatment plan and present a strong case to the judge showing why you qualify for diversion.
If the prosecutor objects, we fight back—challenging arguments, coordinating with providers, and ensuring the court sees your progress. In counties like Los Angeles, we know how to navigate the right departments to move your case forward.
We work to get your charges dismissed and your record sealed. Your future, freedom, and mental health matter. Call (323) 467-6400 or contact us online for a consultation.
Resources
California Penal Code § 1001.35
This section explains the overall purpose of California's mental health diversion law. You can learn what the law is designed to do, including helping people with mental health issues avoid jail and enter treatment. It also talks about how local counties can set up their own programs.
California Penal Code § 1001.36
This law gives the full rules for mental health diversion in California. It explains who qualifies, how the court decides, what treatment involves, and what happens if you complete or fail the program. You can also see a list of crimes that are not eligible.
What Is a Mental Health Court? - Judicial Branch of California
This page from the California Courts website gives a basic overview of how Mental Health Courts work in the state. It covers who they're for, what they do, how cases are handled, and what teams are involved. You can also learn how these courts aim to reduce repeat offenses.
Mental Health Court - California Association of Collaborative Courts
This resource explains how Mental Health Court is used to help people charged with certain crimes who also have mental health conditions. It describes the program's goals and the types of support that might be available. You can also find links to reports and articles related to mental health diversion in California.
What Is Mental Health Court? - Superior Court of California County of Los Angeles
This page explains how Mental Health Court works specifically in Los Angeles County. It focuses on legal cases involving psychiatric treatment and detention, including cases tied to the Lanterman-Petris-Short Act and questions about whether someone is competent to stand trial.
