Mental Health Diversion
Mental Health Diversion Support and Treatment Coordination
When mental health diversion is being explored, the legal question and the clinical question are different. Defense counsel evaluates the legal pathway. Qualified clinicians assess mental health needs and recommend care. ETS helps coordinate the support side so treatment, providers, case management and authorized progress information stay organized.
Clinical support may include
Mental Health Assessment
Individual Therapy
Psychiatric / Medical Coordination
Co-Occurring Substance Use Support
Case Management
Progress Documentation
Services depend on actual clinical needs and qualified provider recommendations. Psychiatric and medical care is coordinated with appropriately licensed providers.
Two different questions
Legal Eligibility and Clinical Need Are Not the Same Thing
Mental health diversion involves two separate questions. Keeping them separate helps everyone do their part.
Legal diversion question
- Applicable law
- Statutory requirements
- Charged offense
- Legal exclusions
- Court process
- Defense strategy
Handled with defense counsel.
Clinical support question
- Diagnosis / assessment
- Symptoms and functioning
- Treatment needs
- Qualified provider recommendations
- Continuity of care
- Progress documentation
Handled by qualified providers and coordinated by ETS where appropriate.
ETS does not determine whether someone qualifies for Mental Health Diversion.
California Penal Code
California mental health diversion
PC 1001.36 Is the Legal Framework. Treatment Is the Clinical Work.
California Penal Code § 1001.36 provides a mental health diversion framework for certain criminal cases. Whether it applies depends on the current law and the individual case, and that is a question for defense counsel.
Clinical diagnosis and treatment planning are separate from the legal eligibility decision. A qualified provider assesses needs and recommends care. ETS helps coordinate that care and keep it organized.
This page focuses on the support side. For a broader explanation of the program or the statute, see the educational guides.
Legal framework
- California Penal Code § 1001.36
- Legal pathway
- Current law
- Individual case
- Defense counsel
Clinical work
- Assessment
- Diagnosis
- Treatment planning
- Qualified providers
- Continuity of care
- Case management
Research & Support
What Research Says About Mental Health Treatment
Independent research has examined psychotherapy and treatment for people with mental health conditions, including people involved in the criminal legal system. These findings concern clinical and behavioral outcomes. They do not measure diversion approval, dismissal, sentencing or ETS outcomes.
Justice-involved populations
26 Studies
Mental Health Treatment Has Been Studied in Justice-Involved Populations
A research synthesis examined 26 empirical studies involving justice-involved people with mental illness. Across the reviewed interventions, researchers reported reductions in distress and improvements in coping and behavioral functioning.
Study limit
The studies varied in setting, population and intervention. This is not Mental Health Diversion-specific research.
Research synthesis, 26 empirical studies.
Source: PubMed (PMID 22471384)Psychotherapy over time
50% / 75%
Psychotherapy Improvement Has Been Measured Over Time
The American Psychological Association cites research in which 50% of psychotherapy patients showed noticeable improvement after approximately eight sessions, while 75% improved by six months.
Study limit
General psychotherapy research. Individual response varies, and these figures do not measure diversion outcomes.
American Psychological Association.
Source: American Psychological AssociationSerious mental illness
13 Studies
Recent Research Examined Serious Mental Illness and Criminal-Legal Involvement
A 2024 systematic review identified 13 intervention studies involving people with serious mental illness and criminal-legal involvement. Interventions varied across cognitive and behavioral, community-based, interpersonal, psychoeducational and court-based approaches.
Study limit
The evidence base was varied and does not represent one standardized Mental Health Diversion treatment model.
2024 systematic review, 13 intervention studies.
Source: PubMed (PMID 38475800)
About this research
These findings describe mental health treatment and behavioral outcomes in the populations studied. They do not establish who qualifies for California Mental Health Diversion, predict whether diversion will be granted, or represent ETS outcomes. ETS does not claim to provide or replicate every intervention evaluated in these studies.
Clinical first
A Mental Health Diversion Plan Should Begin With the Person's Actual Needs
The goal is not to select treatment because it sounds persuasive in a legal case. The goal is to identify genuine clinical needs and coordinate appropriate care.
Step 1: Assess
A qualified provider identifies symptoms, functioning and support needs.
Step 2: Plan
Clinical recommendations guide the level and type of care.
Step 3: Treat
Appropriate licensed providers deliver therapy or other recommended services.
Step 4: Coordinate
ETS helps keep appointments, providers, case management and authorized updates organized.
Defense counsel handles the legal strategy. Qualified providers make clinical recommendations.
Treatment planning
What Mental Health Diversion Support May Include
Not every plan includes all six. What fits depends on the person's needs and qualified provider recommendations. ETS coordinates; licensed providers deliver care.
Mental Health Assessment
Often the first step. A qualified provider looks at symptoms, functioning and needs. ETS helps schedule the assessment and keep results organized.
Explore AssessmentsIndividual Therapy
Relevant when a provider recommends counseling. ETS helps connect the person with a qualified therapist and keeps sessions on track.
Explore TherapyPsychiatric / Medication Coordination
Relevant when a provider recommends a psychiatric or medical evaluation. ETS helps with referrals and scheduling. Medication decisions belong to appropriately licensed medical professionals.
Co-Occurring Substance Use Treatment
Relevant when substance use is also identified. ETS helps coordinate between providers so both needs are addressed.
Explore TreatmentCase Management
Relevant when several providers, appointments or responsibilities are involved. ETS keeps schedules and follow-up organized.
Explore Case ManagementProgress Documentation
Relevant when counsel requests progress information. With written consent, ETS organizes accurate, authorized records.
Co-occurring needs
Mental Health and Substance Use Can Overlap
Some people have both mental health and substance-use needs. When that happens, a treatment plan should not assume that one explains the other.
Qualified providers should assess each need on its own terms. Where both exist, coordination between providers can matter, so appointments, recommendations and progress stay consistent.
Co-occurring substance use is not a requirement for mental health diversion. It is simply one situation ETS can help coordinate when it applies.
Documentation and privacy
Progress Information Should Be Accurate, Relevant and Authorized
Progress information should describe what actually happened, and only what the person has agreed to share.
Attendance
Which appointments were kept, and when.
Treatment Participation
Engagement in recommended care, as reported by providers.
Provider Updates
Authorized updates from treating providers.
Milestones
Key points reached in the care plan.
Progress Summary
An accurate overview of progress in one place.
Privacy matters
Clinical records can contain sensitive information. ETS should share only authorized information consistent with the client's consent, provider requirements and attorney coordination. Defense counsel determines how information is used in the legal matter.
Continuity of care
The Treatment Plan May Change as the Person's Needs Change
A mental health assessment is a starting point, not necessarily the final treatment plan. Symptoms, functioning and treatment needs can change over time.
As care continues, qualified clinicians may adjust the treatment frequency, the therapeutic approach, referrals, the level of care, or medication recommendations where medically appropriate.
When the clinical plan changes, ETS can help keep providers, appointments and authorized updates organized so nothing falls through the cracks.
Clinical decisions belong to qualified providers. Changes in treatment do not determine the legal outcome.
The coordination process
How ETS Coordinates the Support Side of Mental Health Diversion
Five practical steps. Your attorney handles the legal path the whole time.
Step 01: Understand the Situation
A confidential conversation about what is happening, current care and what counsel is exploring.
Step 02: Coordinate a Qualified Assessment
Arrange an assessment with an appropriately qualified provider to clarify clinical needs.
Step 03: Organize Appropriate Treatment
Connect with recommended providers and set up a schedule that works.
Step 04: Track Participation and Practical Needs
Keep attendance, appointments and practical needs organized over time.
Step 05: Prepare Authorized Progress Information
With consent, prepare accurate, relevant information for counsel.
Clear boundaries
What ETS Does Not Do
ETS coordinates the support side. Qualified clinicians make clinical decisions, and defense counsel handles the legal pathway.
What ETS Does Not Do
- Determine legal eligibility
- Diagnose, unless services are delivered by a properly qualified provider
- Prescribe medication
- Select the applicable statute
- Guarantee diversion
- Guarantee dismissal
- Guarantee sentencing outcomes
- Provide criminal-defense representation
What ETS Helps Coordinate
- Assessments
- Qualified providers
- Therapy
- Psychiatric / medical referrals where appropriate
- Co-occurring treatment
- Case management
- Documentation
- Authorized attorney updates
Coordinated care
Mental Health Support Often Involves More Than One Professional
Individuals & Families
One point of coordination for appointments, treatment, providers and authorized progress information.
Qualified Treatment Providers
Clear scheduling and communication support without ETS directing the provider's clinical decisions.
Defense Attorneys
Authorized support-side information while legal eligibility, strategy and court advocacy remain with counsel.
Related
Related Services
The ETS services most often involved when mental health diversion is being explored.
Start here
Mental Health Diversion Programming
The ETS service for coordinating treatment, providers and case management when mental health diversion is being explored.
Explore Mental Health Diversion ProgrammingWhen care is needed
Mental Health Therapy
Therapy with a qualified provider when a mental health need is identified.
Explore Mental Health TherapyAssessments & Evaluations
A qualified starting point to clarify clinical needs.
Explore Assessments & EvaluationsCase Management
Keeps providers, appointments and records organized.
Explore Case ManagementBehavioral Health & Substance Abuse Treatment
Coordinated care when substance use is also involved.
Explore Behavioral Health & Substance Abuse Treatment
Learn more
Learn More About Mental Health Diversion
Questions
Frequently Asked Questions
Plain answers about the support side of mental health diversion. Not legal advice.
View All FAQsConfidential consultation
If Mental Health Diversion Is Being Explored, Start With the Actual Treatment Need
ETS can help coordinate qualified assessment, appropriate treatment, case management and authorized progress information while defense counsel handles the legal pathway.
