What is mental health diversion (PC 1001.36)?

What is it?

A mental health diversion evaluation is an assessment conducted under California Penal Code (PC) Section 1001.36. It provides for the diversion of criminal charges for individuals with certain mental health conditions. This evaluation determines whether an individual qualifies for pretrial mental health diversion. If diversion is granted, criminal proceedings are suspended while the individual undergoes psychiatric treatment. If/when treatment is completed successfully, the criminal charges are dismissed.

 What is the purpose?

The primary goal is to assess whether the individual’s mental health condition played a significant role in the alleged criminal offense(s) and whether mental health treatment is likely to reduce the risk of reoffending. This provides someone with necessary psychiatric treatment for their condition, while diverting them away from criminal prosecution.

Who qualifies?

The individual needs to satisfy six criteria:

1.     The individual has a qualifying psychiatric diagnosis.

• Qualifying diagnoses generally fall under the umbrella of a major mental illness. Certain personality disorders and substance use disorders are typically excluded.

2.     The individual’s psychiatric symptoms played a significant factor in the alleged offense(s).

• The forensic evaluator typically examines the contexts leading up to, during, and following the alleged offense(s), and provides an expert opinion on whether psychiatric symptoms were a significant nexus to the allegation(s).

3.     The individual’s psychiatric symptoms will respond to treatment.

• Typically, treatment may include therapy and/or the administration of psychotropic medication(s), but can also include auxiliary services that can improve one’s overall functioning. Other points of consideration may include one’s willingness and ability to participate in treatment.

4.     The individual consents to diversion and waives their rights to a speedy trial.

5.     The individual agrees to comply with psychiatric treatment as a condition of diversion.

6.     The individual DOES NOT pose an unreasonable risk of danger to public safety if treated in the community.

• An experienced forensic evaluator typically uses risk assessment tools to gauge the individual’s level of risk. This can include violence risk assessments and in cases of sexual offenses, can also include sexual recidivism risk assessments.

What is involved in this process?

The forensic evaluator gathers and reviews all medical and psychiatric records. Official records of the allegation(s) are reviewed. Collateral interviews are conducted as appropriate. The evaluator conducts a clinical interview with the individual. Psychological testing, if appropriate, are administered. Testing may address cognitive functioning, intellectual functioning, emotional functioning, personality functioning, substance use/abuse, trauma, and/or impression management. The forensic evaluator then prepares a report for the court or attorney that outlines points one through six (see above “Who qualifies?”). The forensic evaluator will also provide expert witness testimony as needed.

Dr. Chan conducts PC 1001.36 evaluations and also provides expert witness testimony.

For more information about PC 1001.36 evaluations or to discuss a case, please reach out to Dr. Chan by email, phone, or complete the contact form.