What Is Mental Health Diversion Under PC 1001.36? 

A Lifeline for Defendants With Mental Illness

If you or a loved one has been charged with a crime in California and struggles with mental illness, you may be wondering: Does mental health diversion apply to my case?

Under Penal Code 1001.36, California courts can pause a criminal case, send the defendant to treatment, and—if treatment is successfully completed—dismiss the charges entirely.

This isn’t just a legal technicality. Mental health diversion can mean the difference between jail time and a second chance.

What Is Mental Health Diversion Under PC 1001.36?

Mental health diversion is a pre-trial program that allows qualifying defendants to get mental health treatment instead of going through the criminal court process.

If the defendant completes treatment, the court will dismiss the charges, and the arrest record can be sealed.

This law is based on one core idea: Treatment is more effective than punishment for people with treatable mental health disorders.

How Mental Health Diversion Works: Step-by-Step Breakdown of PC 1001.36

Here’s how it works:

1. The Defendant Must Have a Qualifying Mental Health Disorder

According to PC 1001.36, eligible diagnoses include (but are not limited to):

• Bipolar disorder
• Schizophrenia
• PTSD
• Depression
• Anxiety disorders
• Schizoaffective disorder

Exclusions: Antisocial personality disorder, borderline personality disorder, and pedophilic disorder are not eligible.

2. The Disorder Must Be a Contributing Factor to the Crime

There must be a clear link between the defendant’s mental illness and the alleged criminal behavior. A psychological evaluation is usually needed to prove this.

3. The Defendant Must Be a Candidate for Treatment

The court has to be convinced that:

• The defendant would benefit from treatment
• The defendant is not an unreasonable risk to public safety
• The defendant agrees to comply with the treatment plan

4. The Court Grants Diversion (Before Trial)

If all the conditions are met, the judge can grant diversion before trial begins, pausing the criminal case for up to two years.

The defendant is referred to an appropriate treatment provider—public or private.

5. If Treatment Is Completed Successfully...

• The charges are dismissed
• The arrest record can be sealed
• The defendant avoids a criminal conviction

6. If the Defendant Fails to Complete Treatment...

• The case resumes
• The defendant faces prosecution, trial, and sentencing as if diversion never happened

Does Mental Health Diversion Apply to My Case?

This is one of the most important questions you can ask if you or someone you care about is charged with a crime in California.

Here’s what matters:

• Is the charge a felony or misdemeanor? Both may qualify.
• Is the crime violent? Some serious violent crimes may be excluded.
• Is there a mental health diagnosis supported by a professional?
• Can the defense show the mental illness played a role in the offense?
• Will the defendant follow through with treatment?

Every case is different. You need an experienced criminal defense attorney to review your facts and build the case for diversion.

What Types of Crimes Are Eligible for PC 1001.36 Mental Health Diversion?

Mental health diversion can apply to both felonies and misdemeanors, depending on the circumstances.

Charges that may be eligible include:

• Drug possession or sales
• Theft and property crimes
• Assault and battery
• Trespassing
• Vandalism
• Some domestic violence offenses (in limited situations)

Note: Crimes involving significant violence, great bodily injury, or a high risk to public safety may lead the court to deny diversion—even if the mental health criteria are met.

Why Mental Health Diversion Matters

This law acknowledges the link between untreated mental illness and criminal behavior. Instead of cycling people through jails and prisons, PC 1001.36 focuses on rehabilitation and recovery.

Benefits of mental health diversion:

• No jail time
• No criminal conviction
• Charges dismissed and sealed
• Better chance of long-term recovery
• Improved housing, employment, and educational opportunities

Bottom Line: Ask Your Attorney About Mental Health Diversion

If you’re facing charges and dealing with mental illness, mental health diversion under PC 1001.36 could give you a real second chance.

A lawyer who understands this program can help you:

• Get a psychological evaluation
• Prove eligibility to the court
• Secure a treatment plan
• Avoid jail and clear your record

Still wondering: Does mental health diversion apply to my case?

Contact our office today.