Penal Code 1001.36 created mental health diversion in California. It allows a court to pause a criminal case and place a qualifying defendant into a treatment program. If the defendant completes the program, the charges are dismissed and the arrest is generally deemed never to have occurred.
Who can qualify
To be eligible, the defendant must have a qualifying mental health diagnosis, the condition must have played a significant role in the offense, a mental health expert must opine that the symptoms would respond to treatment, and the defendant must agree to treatment and waive certain rights. The court also weighs public safety.
How it applies to a DUI
Standard misdemeanor DUI is excluded from many diversion programs, but mental health diversion under 1001.36 is a separate path that, in the right case, can reach charges that ordinary DUI diversion cannot. Whether it applies depends heavily on the specific facts, the diagnosis, and the county.
Why the disposition matters
A successful diversion ends in dismissal, which is the best possible outcome. Pursuing it requires the right diagnosis, the right expert, and a defense that presents the case persuasively to the court.
Where to start
If a mental health condition contributed to your situation, diversion may be worth exploring. Use the free written case analysis below or call me directly. See also mental competency (PC 1368).