If you are facing a criminal charge in Southern California, whether you are innocent of the crime or guilty as charged, arrange to discuss your rights and options immediately with a Los Angeles criminal defense attorney.

For those with mental health needs in the criminal justice system, Los Angeles County has implemented a Mental Health Diversion Program designed to divert eligible criminal defendants from incarceration and prosecution into community-based mental health services.

The program addresses underlying mental health issues that may have contributed to a person’s alleged criminal behavior, thereby improving public safety and individual well-being while reducing recidivism in Los Angeles County.

What is the Purpose and Philosophy of Mental Health Diversion?

The Los Angeles County Mental Health Diversion Program recognizes that for a significant portion of the jail population, their involvement with the criminal justice system is a direct result of untreated or unmanaged mental illness.

Rather than relying on incarceration, the program offers a therapeutic alternative. The primary goals are to:

  1. Reduce recidivism: 91% of graduates avoided new crimes upon completing the program.
  2. Improve public safety: The program seeks to reduce the risk of future offenses.
  3. Alleviate jail overcrowding: The program helps free up jail space and resources by diverting individuals to community-based care.
  4. Promote justice: The program offers a more compassionate and practical approach to justice for individuals whose crimes are related to mental illness.

Who Qualifies for Mental Health Diversion?

Qualification for the Mental Health Diversion Program is not automatic and depends on the following statutory and judicial requirements:

  1. Diagnosed mental disorder: The defendant must have a qualifying mental disorder as listed in the Diagnostic and Statistical Manual of Mental Disorders. A qualified mental health expert must provide evidence of the diagnosis.
  2. Nexus to the crime: There must be a link between the defendant’s mental disorder and the alleged offense. The court must find that the mental illness “played a significant role” or “contributed to the defendant’s involvement” in the crime.
  3. Amenability to treatment: A mental health professional must opine that the defendant’s symptoms would respond to mental health treatment. The court must believe that the recommended treatment will effectively address the defendant’s specialized needs.
  4. Consent and waiver: The defendant must agree to participate in the diversion program and comply with all treatment requirements. The defendant must also waive the right to a speedy trial, as the criminal proceedings pause for the duration of the diversion.
  5. No unreasonable risk to public safety: The court must determine that the defendant will not pose an unreasonable danger to public safety if treated in the community.

Finally, the crime itself must be eligible for diversion. While a wide range of felony and misdemeanor offenses qualify, murder, voluntary manslaughter, and certain sex offenses are explicitly excluded.

How Does Mental Health Diversion Work in Los Angeles County?

Securing a mental health diversion usually begins when a Los Angeles criminal defense lawyer files a motion with the court. Here are the steps involved:

  1. Initial assessment: A defendant with a potential mental health diagnosis is often identified while in custody. The County Department of Mental Health and the Office of Diversion and Reentry screen and evaluate candidates for mental health diversion.
  2. Mental health evaluation: The defense offers evidence of a qualifying mental disorder. This evidence may include a review of medical records and an assessment of the link between the mental illness and the alleged crime.
  3. Court hearing: The court conducts a hearing, and a judge considers the arguments from both sides, including a mental health expert’s report. The judge weighs the factors of eligibility, nexus, amenability to treatment, and public safety risk.
  4. Granting of diversion: If the court grants the motion for mental health diversion, the criminal proceedings are stayed (put on hold) for the duration of the diversion program. This period can last up to two years for a felony and one year for a misdemeanor.
  5. Treatment and supervision: The court refers the defendant to a treatment program that may include a combination of therapy, medication management, and supportive services like housing and case management. The court receives periodic progress reports.

What Happens Upon Completion of the Program?

Upon completing the program, the court will dismiss any charges if the defendant has complied with the requirements, avoided new violations, and has a long-term care plan. The court seals the arrest record and case file, removing employment and housing barriers.

If a defendant fails to comply with the program’s requirements, the court can reinstate the criminal proceeding. Failure to complete the program successfully may result in a resumption of the case and a return to traditional prosecution and sentencing.

What Challenges Do Mental Health Diversion Programs Face?

Los Angeles County’s Mental Health Diversion Program has shown significant promise, demonstrated low recidivism rates, and helped connect unhoused individuals and those with serious mental illnesses to the services they need.

The program’s expansion to include a broader range of criminal charges has increased access for more individuals, but challenges remain. A lack of sufficient funding and resources can create bottlenecks, leading to delays in getting individuals into treatment.

More dedicated treatment beds, housing options, and case managers are needed to meet the demand. The data on recidivism is encouraging, but a lack of centralized data collection makes it difficult to assess the program’s overall effectiveness.

Take Your Case to Attorney Douglas Miranda

Arrange to consult a Los Angeles criminal defense attorney if you face a criminal charge in Los Angeles County. You’ll need a lawyer with a record of victories in similar cases, someone who successfully guides clients through the criminal justice system.

Los Angeles criminal defense lawyer Douglas Miranda represents defendants facing felony and misdemeanor charges. Do not agree to any plea deal or diversion program without seeking sound legal advice from attorney Douglas Miranda at Miranda Rights Law Firm.

Let Douglas Miranda put his extensive legal experience to work on your behalf. Call Miranda Rights Law Firm at 213-255-5838 to schedule a free case evaluation. Se habla español.