Penal Code §1001.36 Mental Health Diversion in Los Angeles and Orange County: Complete Guide

Last Updated: September 2025
(Court rules and practices change; always confirm with your department clerk or consult an attorney.)

Introduction Regarding California’s Mental Health Diversion

If you or a loved one is facing criminal charges in Los Angeles or Orange County while also struggling with a mental health condition, you may feel trapped between two impossible worlds: the legal system and your illness.

California’s Penal Code §1001.36 Mental Health Diversion offers a different path. Instead of punishment, the law allows eligible defendants to receive treatment, and — if they complete the program — to have their case dismissed and sealed.

But here’s the reality: mental health diversion is highly technical and varies by county. What works in Los Angeles may not work in Orange County, and vice versa. Judges expect very different filings, and a misstep can mean losing your chance.

This guide is designed to give you a practical, step-by-step breakdown of how PC 1001.36 works in these two counties, what the courts expect, and how to build the strongest possible petition.

At Power Trial Lawyers, we routinely file and argue PC 1001.36 motions in CCB (Clara Shortridge Foltz), Long Beach Courthouse – Governor George Deukmejian Courthouse, LAX, Van Nuys, Compton, and the Central Justice Center in Santa Ana. This isn’t theory for us — it’s our daily practice.

What is Penal Code §1001.36?

Enacted in 2018, PC 1001.36 created a pre-trial diversion program for defendants whose criminal conduct is tied to mental illness.

In short:

• Instead of going to trial, you enter treatment.
• The case pauses while you complete the program (usually 12–24 months).
• If you finish successfully, the court dismisses and seals the case.

Key Legal Points

• Retroactivity: In People v. Frahs (2020) 9 Cal.5th 618, the California Supreme Court ruled PC 1001.36 applies retroactively to cases not yet final on appeal.
• Public Safety Finding: People v. Curry (2021) emphasized that judges must weigh community risk carefully.
• Proof Requirements: People v. Braden (2023) highlighted that the defense must present credible evidence linking the disorder to the offense.

Eligibility: Who Qualifies in Los Angeles and Orange County

To qualify, you must prove all six statutory requirements:

Eligibility Checklist

• Diagnosed mental disorder (DSM-5 recognized).
• Disorder substantially contributed to the charged conduct.
• A qualified expert testifies that treatment would be effective.
• Defendant agrees to diversion and waives speedy trial.
• Court finds defendant does not pose an unreasonable risk to public safety.
• Treatment plan is available and realistic.

Excluded Offenses

• Murder and voluntary manslaughter.
• Certain sex crimes (e.g., rape, child molestation).
• Offenses requiring lifetime sex offender registration.
• Specific violent felonies under PC §667.5(c).

How Mental Health Diversion Works in California

1. Motion Filed – Defense files a motion for mental health diversion under PC 1001.36.
2. Supporting Evidence – Includes psychiatric evaluation, treatment plan, nexus analysis, and letters of support.
3. Eligibility Hearing – Judge reviews whether criteria are met. DA may oppose.
4. Treatment Program – Court approves plan, typically 12–24 months.
5. Progress Reviews – Every 30–90 days depending on department.
6. Completion – If successful, case dismissed and sealed.
7. Non-Compliance – If treatment fails, case resumes.

Orange County Step-by-Step Guide to Requesting Mental Health Diversion

1. Draft Motion – Must include psychiatric evaluation and a treatment provider declaration. Judges here will almost always deny without a provider’s signed statement.
2. File Motion – Submit electronically via the court’s system, and email to: MentalHealthDiversion@occourts.org.
3. Serve DA – Serve the District Attorney and file proof of service.
4. Hearing – Usually held at the Central Justice Center (Santa Ana). Be prepared to argue the nexus between illness and offense.
5. Progress Reviews – Every 30–60 days. Treatment provider reports are due the Monday before the review hearing, sent to both the DA and the court.
6. Completion – After 12–24 months of compliance, case dismissed and sealed.

Practice Tip (OC): OC is very strict. Judges expect treatment plans to be specific (program name, start date, clinician credentials). Generic letters almost always fail. The County has created an outline.

Los Angeles County Step-by-Step Guide to Requesting Mental Health Diversion

1. Draft Motion – Must include psychiatric report, treatment plan, and ideally letters of support from family/employers. LA courts weigh stability heavily.
2. File Motion – File in the assigned courthouse (e.g., CCB, LAX, Van Nuys, Compton). Many departments still require hard-copy filings despite e-filing being available. Always check with the clerk.
3. Serve DA – In CCB, diversion deputies specifically review these filings. Expect opposition if treatment details are vague.
4. Hearing – Judges focus on the nexus between disorder and conduct. Be prepared to call an expert to testify if needed.
5. Progress Reviews –
   • CCB: every 30–45 days; reports due 2–3 days before.
   • LAX: often quarterly.
   • Van Nuys & Compton: strict enforcement of deadlines; missed reports = revocation risk.
6. Completion – After successful treatment, case dismissed. Some LA courts require a separate motion to seal records.

Practice Tip (LA): Rules vary by courthouse. Always check the department’s standing orders before filing.

Orange County vs. Los Angeles County: Mental Health Diversion Procedures

Evidence That Strengthens Your Motion

• DSM-5 diagnosis from licensed psychiatrist/psychologist.
• Treatment plan signed by provider (including frequency and type of therapy).
• Proof of funding/insurance.
• Risk assessment showing treatment reduces future danger.
• Letters of support (family, employer, clergy).
• Prior compliance with therapy or medication.

Risks & Pitfalls

• Missing provider reports – Both LA and OC will revoke if progress reports are late.
• Vague treatment plans – Judges want specific, not hypothetical, treatment.
• Non-compliance – Relapse may be tolerated once, but repeated failures = revocation.
• Professional discipline – Licensing boards may still take action even if case dismissed.
• Immigration concerns – Federal authorities can still see arrest history.

Frequently Asked Questions

1. Can I get diversion if I already have a strike?
Possibly. It depends on the strike. If the prior strike was for a serious or violent felony, the new offense may still qualify — unless it’s an excluded crime like murder or rape. Judges analyze each case individually.

2. Does diversion apply to both misdemeanors and felonies?
Yes. PC 1001.36 covers both misdemeanors and felonies, as long as the offense is not excluded by statute.

3. Will my record be sealed after diversion?
Yes. Upon successful completion, the case is dismissed and sealed. However, some agencies (like law enforcement or licensing boards) may retain limited access.

4. How long is diversion?
Typically 12–24 months, depending on treatment needs and court orders.

5. What happens if I relapse during treatment?
Courts may allow modifications if relapse is part of recovery. But repeated failures can lead to revocation.

6. Can I use my current therapist?
Yes, but the court usually requires a licensed provider who can submit regular reports and coordinate with probation/court.

7. Do I have to plead guilty first?
No. Diversion is pre-trial. The case pauses, and no conviction is entered unless diversion fails.

8. Will the DA oppose my motion?
Often, yes. DAs frequently argue against nexus or public safety. That’s why strong clinical evidence is critical.

9. Can professionals like doctors, nurses, or teachers still face discipline even if the case is dismissed?
Yes. Professional boards (Medical Board, Nursing Board, Teaching Credential authorities) may still investigate based on underlying conduct, even after dismissal.

10. What if I move during diversion?
You can sometimes transfer supervision, but this requires court approval and can complicate compliance.

Glossary

• Diversion: Temporary suspension of prosecution while treatment is completed.
• DSM-5: Manual defining mental disorders used by clinicians.
• Nexus: Connection between the mental disorder and alleged crime.
• Sealing: Court order restricting public access to records.
• Preponderance: Legal standard meaning “more likely than not.”

Why Choose Power Trial Lawyers

• Proven track record securing mental health diversion in LA and OC.
• Familiar with CCB, LAX, Van Nuys, Compton, and Central Justice Center court practices.
• Close partnerships with treatment providers for strong evidence.
• Compassionate representation that treats clients as people, not case numbers.

If you or a loved one is facing charges in Los Angeles or Orange County, and mental health is part of the story, you may qualify for a program that ends not with a conviction — but with a dismissal.

Call Power Trial Lawyers at (888) 808-2179 today for a confidential consultation. Same-day appointments available.