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California Mental Health Diversion Guide

What Is the Mental Health Diversion Program in California?

California Mental Health Diversion is a legal pathway under Penal Code §1001.36 that can allow criminal proceedings to be paused while an eligible person participates in mental health treatment. Legal eligibility, clinical treatment needs and support coordination are related, but they are not the same decision. This guide explains how those pieces fit together.

Educational GuideCalifornia

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On this page
  1. Quick Answer
  2. What Mental Health Diversion Is
  3. Legal vs Clinical Roles
  4. PC §1001.36
  5. Clinical Assessment
  6. Treatment Planning
  7. Co-Occurring Needs
  8. Research
  9. How the Process Works
  10. How ETS Fits
  11. FAQs
  12. Sources

Quick answer

How Does Mental Health Diversion Work in California?

  1. Mental Health Diversion is a California pretrial diversion framework associated with Penal Code §1001.36.
  2. It involves both legal requirements and clinical information.
  3. Having a mental-health diagnosis by itself does not automatically mean a person is legally eligible for diversion.
  4. Qualified clinicians determine clinical diagnoses, treatment needs and clinical recommendations.
  5. The court and defense counsel handle the legal pathway. ETS may help coordinate the treatment and support side when relevant.

Legal note

This article provides general educational information and is not legal or medical advice. Laws, procedures and local implementation can change.

The big picture

Mental Health Diversion Combines a Legal Pathway With Clinical Treatment

Mental Health Diversion is more than a simple swap of treatment for a court case. It is a legal diversion framework with requirements set out in state law.

Clinical treatment may be an important part of the process. But clinical care and legal eligibility are separate questions, answered by different people.

  • The court determines the legal outcome.
  • Qualified clinicians determine appropriate clinical care.
  • Defense counsel handles legal interpretation and advocacy.
  • ETS coordinates support where appropriate.

Not every criminal case that involves mental health is a diversion case. Defense counsel can explain whether this pathway may be relevant.

Visual guide

California Mental Health Diversion: Legal Pathway + Clinical Support

Diagram comparing the legal Mental Health Diversion process in California with clinical assessment, treatment and support coordination.

Legal pathway

Penal Code §1001.36

  • Defense counsel evaluates the legal framework
  • Court considers the statutory requirements
  • Legal eligibility is determined through the legal process
  • Court sets applicable legal terms
  • Court determines legal completion / outcome

Legal eligibility≠Clinical need

Clinical + support side

  • Qualified clinical assessment
  • Treatment recommendations
  • Treatment planning
  • Therapy / psychiatric care where clinically appropriate
  • Co-occurring substance-use support when relevant
  • Case management
  • Authorized progress information

The two can be connected, but they are not the same decision.

ETS coordinates support services. It does not determine legal eligibility or replace qualified clinicians.

Mental Health Diversion can involve both a legal process and clinical treatment, with different professionals responsible for different decisions.Source: California Penal Code §1001.36; California Judicial Branch.

The legal framework

Where Penal Code §1001.36 Fits

Penal Code §1001.36 is California's primary statutory framework for pretrial Mental Health Diversion. It contains specific legal requirements and procedures.

Those requirements can change through new legislation and court decisions. This guide gives the big picture only. It is not a full statute guide and does not list every legal requirement.

Legal note

A diagnosis alone does not resolve the legal eligibility question. Defense counsel should evaluate the current statute and applicable case law.

Clinical information

What Role Can a Mental Health Assessment Play?

A qualified mental health professional can assess clinical symptoms, diagnoses, treatment needs and recommendations. That clinical picture can help shape appropriate care.

A clinical assessment is different from:

  • a legal eligibility determination
  • legal advocacy
  • court decision making

ETS can help coordinate assessment with qualified providers. The clinical findings belong to those providers, and the legal questions belong to counsel and the court.

Individualized care

What Might a Mental Health Treatment Plan Include?

There is no universal treatment plan. Depending on a person's actual clinical needs, qualified providers may recommend:

  • individual therapy
  • psychiatric care
  • medication management
  • trauma-focused treatment
  • group therapy
  • substance-use treatment when co-occurring needs exist
  • case management
  • other clinically appropriate services

Most plans will not include every item on this list. The right mix depends on the person and the providers' recommendations.

Overlapping needs

Mental Health and Substance Use Needs Can Overlap

Some people involved in the criminal legal system experience both mental health and substance-use concerns. When both are present, qualified providers may recommend integrated or coordinated care.

Substance use should not be assumed simply because someone is exploring Mental Health Diversion. Care should follow what an assessment actually shows.

Learn more: Behavioral Health & Substance Abuse Treatment

Independent research

What Research Can Tell Us

Published research looks at treatment approaches for people with mental-health needs who are involved in the criminal legal system. Two reviews are summarized below, each with its limits.

PubMed · PMID 22471384

26 empirical studies

Treating Offenders With Mental Illness: A Research Synthesis

Law and Human Behavior, 2012

A research synthesis of interventions for criminally involved people with mental illness reported reductions in distress and improvements in coping and behavioral functioning across the included literature.

Study limit

This research covered broader criminal-justice and mental-health populations. It was not a study of California PC §1001.36 outcomes and does not measure ETS results.

View on PubMed

PubMed · PMID 38475800

13 eligible intervention studies

Mental Health Interventions for Individuals With Serious Mental Illness in the Criminal Legal System

BMC Psychiatry, 2024

The 2024 systematic review identified interventions including cognitive / behavioral, community-based, interpersonal, psychoeducational and court-based approaches.

Study limit

The reviewed interventions and settings were heterogeneous and were not specific to California Mental Health Diversion or ETS.

View on PubMed

Research context

Independent research can help explain treatment approaches and outcomes in related populations. It does not establish that a particular person will qualify for diversion, that a specific treatment will produce a particular legal result, or that ETS has achieved the outcomes reported in these studies.

For official statewide program data, see the California Judicial Council's Mental Health Diversion Data Summary Report (PDF).

The general process

How Mental Health Diversion May Move From Legal Review to Treatment

There is no single courtroom procedure, and cases do not all follow the same order. These six steps describe the general idea.

  1. Defense Counsel Evaluates the Legal Framework

    Counsel reviews whether Mental Health Diversion may be relevant under current law.

  2. Clinical Information Is Developed

    Qualified providers evaluate relevant clinical needs and treatment considerations.

  3. A Treatment Plan May Be Developed

    Clinical recommendations should reflect the person's actual needs.

  4. The Court Handles the Legal Decision

    The court applies the relevant legal framework.

  5. Treatment and Support Are Coordinated

    Providers, appointments, case management and authorized information can be organized.

  6. Legal Completion Is Determined Through the Court Process

    ETS does not determine completion or the legal outcome.

Organized information

What Kind of Progress Information May Be Organized?

With appropriate authorization, progress information may include:

  • attendance
  • treatment participation
  • provider updates
  • testing or monitoring information, when relevant
  • treatment-plan updates
  • progress summaries

Not every item needs to go to the court. Defense counsel determines whether information is legally relevant and how it is used.

Clinical continuity

Treatment Needs Can Change Over Time

Treatment plans may evolve as a person moves through care. Qualified providers make the clinical decisions, including whether the level of care should change or whether medication should be adjusted.

New needs, including co-occurring concerns, can also come up along the way. Case management can help keep providers, appointments and records organized as things change.

Clinical decisions belong to qualified providers. Changes in treatment do not determine the legal outcome.

The support side

Where Executive Treatment Solutions Fits

ETS does not determine Mental Health Diversion eligibility and does not replace criminal-defense counsel or licensed clinicians. When treatment and support services are relevant, ETS can help coordinate the practical side.

Assessments & EvaluationsCoordinating relevant assessments with qualified providers.Mental Health TherapyAccess to licensed therapy when it fits the need.Mental Health Diversion ProgrammingOrganizing the treatment and support side of a diversion plan.Behavioral Health & Substance Abuse TreatmentCoordinating care when co-occurring needs are present.Case ManagementKeeping providers, schedules and appointments organized.Progress DocumentationAs part of case-management support, authorized progress information may be organized for defense counsel.Explore Case Management →

Clinical care should reflect actual needs and qualified-provider recommendations.

Four different roles

Who Does What

Court

Applies the legal framework and determines legal outcomes.

Defense counsel

Handles eligibility, statutory interpretation, strategy, advocacy and how information is used.

Qualified clinical providers

Handle diagnosis, assessment, treatment recommendations and clinical care.

ETS

Coordinates relevant support services, providers, schedules and authorized information.

End of the diversion period

What Happens if Mental Health Diversion Is Successfully Completed?

PC §1001.36 contains provisions about successful completion and how the case is then legally resolved. The exact rules are statute-specific and are not covered in detail here.

Legal note

Background checks, professional licensing, immigration, and other disclosure obligations can involve additional law. Defense counsel should advise on the legal effect of completion in the individual case.

Local procedures can differ

Mental Health Diversion Can Look Different From County to County

PC §1001.36 is statewide law. But local procedures, treatment resources, collaborative-court structures and provider processes can vary from county to county.

One county's workflow should not be treated as the rule everywhere. For one example of local implementation, see the San Francisco Superior Court's Mental Health Diversion information. It describes that court's process, not statewide law.

Questions

Frequently Asked Questions About Mental Health Diversion in California

It is a pretrial legal pathway under Penal Code §1001.36. It can allow criminal proceedings to be paused while an eligible person takes part in mental health treatment. Whether it applies depends on the law and the individual case.

Sources & References

Local implementation example (not statewide authority)

Executive Treatment Solutions Editorial Team

This educational guide is written for people and families trying to understand California Mental Health Diversion. It is not legal or medical advice.

Confidential consultation

Understand the Pathway. Then Organize the Treatment Side.

If Mental Health Diversion is being explored in your case, ETS can help coordinate relevant assessments, treatment providers, case management and authorized progress information while defense counsel handles the legal strategy.

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ETS does not provide legal representation, determine diversion eligibility or replace qualified clinical providers.

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