Los Angeles Mental Health Attorney

The United States is in the midst of a mental health crisis. Millions of people suffer from undiagnosed mental health disorders, yet few receive the treatment that they need. Too many of these people end up incarcerated for crimes that they committed as a result of a treatable condition.  At Ridley Defense, we are committed to helping individuals with underlying mental health disorders understand their rights after they are charged with a criminal offense.

Attorney Doug Ridley has been heavily involved in Ventura County’s Mental Health Diversion Program. He was selected to represent the private defense bar as part of the committee tapped to sculpt the county’s innovative program.  This program is designed to divert defendants suffering from mental health disorders from the criminal courts and if all conditions are met, ultimately dismiss the criminal charges.

If you or a loved one has been charged with a criminal offense that was committed due to a mental health disorder, contact our office for a complimentary consultation.

What Is Mental Health Diversion?

In order to combat the mental health crisis, California lawmakers authorized courts to grant pretrial diversion for defendants suffering from a mental health disorder. Penal Code Section 1001.36 authorizes a court to grant mental health diversion for specific misdemeanor and felony offenses committed by an individual.

If all conditions of diversion are met, including successful participation and completion in a mental health treatment program, the court is able to dismiss the criminal charges against the offender. If you believe that you are eligible for mental health diversion, it is imperative that you discuss your case with an experienced defense attorney.

Who Should Seek an Attorney for Mental Health Diversion?

Pursuant to Section 1001.36, in order to be eligible for mental health diversion, the court must be satisfied that a defendant suffers from a “mental disorder identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.”

The individual charged with the offense must have a recent diagnosis by a qualified mental health expert. His or her mental disorder must be identified in the latest edition of the Diagnostic and Statistical Manual of Mental Disorders.  Some of the most common mental health disorders recognized by the court and allotted eligibility into the program include, but are not limited to:

• Bipolar disorder
• Schizophrenia
• Schizoaffective disorder
• Post-traumatic stress disorder

Defendants who have antisocial personality disorder, borderline personality disorder, and pedophilia are ineligible for pretrial diversion pursuant to this code section. 

The court must also determine that the mental disorder “was a significant factor in the commission of the charged offense” and that the defendant would “respond to mental health treatment.”

Senate Bill 215 deemed certain offenses ineligible for pretrial mental health diversion, including:

• Murder;
• Voluntary manslaughter;
• Offenses that require registration under Section 290, excluding indecent exposure;
• Rape;
• Lewd or lascivious acts on children under the age of 14;
• Assault with the intent to commit rape, sodomy, or oral copulation;
• Rape or sexual penetration in concert with another person;
• Continuous sexual abuse of a child;
• Violation of Section 11418 (b) or (c).

What Are the Requirements of Mental Health Diversion?

If granted, successful completion of pretrial mental health diversion can result in dismissal of the criminal charges and sealing of the arrest record. However, an individual must meet all of the criteria to be granted diversion under this code section.

Requirements of mental health diversion include:

• Satisfying the court that you have an eligible and recently diagnosed mental health disorder. Individuals suffering from antisocial personality disorder, borderline personality disorder, and pedophilia do not qualify for pretrial diversion through Section 1001.36.
• Satisfying the court that your mental health disorder was a significant factor in the commission of the offense.
• An opinion provided by a qualified mental health expert that you would respond to treatment.
• Consenting to diversion and waiving your right to a speedy trial.
• Satisfying the court that you do not pose an unreasonable risk to public safety if treated in the community.
• Satisfactory compliance and completion of an inpatient or outpatient mental health treatment program as approved by the court.
• Treatment must be completed within a two-year period.

An individual may be disqualified from mental health diversion if they are charged with an additional misdemeanor offense that shows a propensity toward violence or a felony.

How to Prove Eligibility for Mental Health Diversion in California

Successfully obtaining Mental Health Diversion (MHD) often hinges on your ability to provide convincing evidence. To qualify, you must be able to affirmatively address these three critical questions:

1. Do you have a diagnosed mental health condition?
2. Did your mental health condition significantly contribute to the alleged crime?
3. Can you demonstrate that treatment will help you, with a low likelihood of re-offending?

Building a strong case requires collaboration between you and your attorney to gather key evidence, such as:

• Police reports
• Witness statements
• Statements from your mental health treatment provider
• Medical records
• Evaluations from qualified medical experts

Knowing where to find and how to present this information is essential to proving your eligibility. A seasoned attorney whit experience in mental health cases can be the decisive factor between securing treatment through diversion or facing more severe legal consequences.

Does the Mental Health Diversion Program Seal the Defendant’s Criminal Record?

Yes, successful completion of the Mental Health Diversion Program results in the dismissal of the charges against the defendant and the sealing of the arrest record. This ensures that the court record cannot be used as a basis to deny employment, professional licenses, or public benefits.

That said, the sealed records may still be accessed under specific circumstances, such as determining eligibility for future mental health diversion programs if another offense occurs.

How Long Does Mental Health Treatment Last Under the Mental Health Diversion Program?

Under Penal Code 1001.36, mental health treatment as part of the Mental Health Diversion Program can last up to two years. The exact duration is determined based on factors such as public safety considerations, the defendant's individual needs, and the court's discretion.

Proudly Representing Those Who Have Served

At Ridley Defense, we are honored to represent those who have served or are currently serving in the military. Mental health disorders such as post-traumatic stress disorder (PTSD) plague many of our service members. 

If you are a veteran facing criminal charges, you may be eligible for pretrial diversion. Contact our office as soon as possible for a complimentary and confidential consultation. We are proud to offer our military veterans discounts in gratitude for their service.