New Changes for California Mental Health Diversion Statute Starting Jan 2023

Mental health diversion is a pretrial program in California that diverts individuals from the criminal justice system into mental health treatment in lieu of facing a criminal trial or conviction. This is an alternative created for individuals where mental health played a significant part in their alleged crime.

In regards to the mental health diversion program, there are some significant new changes starting January 2023. Senate Bill 1223 has gone into effect and is codified in Penal Code section 1001.36. Previously, mental health diversion could be up to 2 years for a misdemeanor. That has now been shortened to one year. Previously, the defense had the burden of establishing that there was a connection between the crime and the mental health disorder in all cases. The new law significantly lowers the barriers to mental health diversion.

SB 1223 changes the eligibility criteria when a court grants pretrial diversion for an individual, to include a diagnosis of a mental disorder within the last 5 years. The new changes require the court, if a defendant has been diagnosed with a mental disorder within the last five years, to find that the defendant’s mental disorder was a significant factor in the commission of a charged offense unless there is clear and convincing evidence that it was not a motivating factor. 

This last change is, particularly, significant as the burden has shifted to the prosecution to now show that a defendant’s mental condition was not a causal factor or contributing factor in the offense. The new changes require a court to find that the defendant's mental health played a significant role in the criminal offense, unless there is strong evidence showing otherwise. 

How Can a Criminal Defense Lawyer Help?

If you have been arrested and charged with a crime, and think you may be eligible for the Mental health diversion pretrial program, contact us at once for your free consultation. It’s very important to have a legal team on your side well versed in this program who are committed to providing the best criminal defense for you.