At Executive Treatment Solutions (ETS), we guide clients through mental health diversion programs — a legal avenue designed for individuals whose charges are connected to an underlying mental illness. This pathway allows defendants to step away from traditional prosecution and instead enter a program that emphasizes treatment, stability, and accountability.
Rather than facing jail time or a permanent conviction, participants in mental health diversion work under a court-supervised plan that may include therapy, psychiatric treatment, medication management, and regular progress check-ins. The goal is not only to help the individual recover but also to provide the court with clear evidence of responsibility, growth, and a commitment to long-term change.
24/7 Advocacy, Action, and Accountability When It Matters Most
Mental health diversion is a court-approved alternative that allows eligible defendants to step out of the traditional prosecution process and instead enter a treatment-based program designed to address underlying psychiatric conditions. Rather than moving directly toward conviction, the court gives participants the opportunity to focus on therapy, stability, and accountability in a supervised setting.
This option is most often considered in non-violent cases where the individual’s conduct can be traced back to untreated mental health challenges such as depression, bipolar disorder, schizophrenia, or PTSD. By granting diversion under California Penal Code § 1001.36, the court recognizes the importance of treatment while still holding the individual accountable, giving them a chance to avoid a permanent criminal record.
A guilty plea or custodial sentence might resolve a case quickly, but it usually results in a lasting conviction that can harm a person’s employment, housing, education, or immigration opportunities.
Mental health diversion, however, provides a path to dismissal or reduction of charges once treatment is successfully completed. This gives defendants the chance to prove their commitment to recovery and demonstrate to the court that rehabilitation is possible in a treatment-centered, court-supervised environment.
At Executive Treatment Solutions (ETS), we work hand-in-hand with defense counsel to deliver comprehensive documentation — including evaluations, progress notes, and compliance reports — that show meaningful rehabilitation at every step.
Mental health diversion is not a “free pass.” It’s a structured process that requires active participation and compliance with court orders. Participants may be required to:
At ETS, we coordinate with providers, attorneys, and the court to streamline communication and reporting. This ensures that every requirement is met, helping clients stay focused on recovery while reinforcing their legal defense.
Who Qualifies — And Why It Matters
Mental health diversion is designed for defendants charged with non-violent crimes where the behavior can be directly linked to an underlying psychiatric condition. Judges look at the nature of the charge, the individual’s criminal history, and whether there is a clear willingness to participate in treatment and comply with court oversight.
Many cases involving drugs are eligible for mental health diversion, especially when substance use stems from or worsens an existing psychiatric disorder. Courts often recognize that treatment targeting both mental health and addiction is more effective than incarceration.
Examples include:
Certain DUI cases, especially those elevated to felonies due to repeat incidents, may qualify for mental health diversion when alcohol abuse is tied to a mental health diagnosis. Treatment is prioritized as a way to break the cycle of relapse and reoffending.
Indicators of eligibility include:
Under California Penal Code § 1001.36, defendants may qualify if their actions stemmed from an untreated mental illness. This is especially relevant for veterans whose legal troubles are connected to trauma or service-related psychiatric conditions.
Conditions often considered include:
When a probation violation occurs due to relapse or failure to maintain treatment, mental health diversion may serve as a more constructive alternative than revocation. Courts may view diversion as a chance to stabilize the defendant with additional treatment.
ETS helps clients by:
Non-violent theft crimes may also fall under mental health diversion if the conduct was tied to psychiatric conditions or co-occurring addiction issues rather than intentional criminal behavior.
ETS strengthens these cases by:
Certain financial crimes may qualify when it’s clear the offense was committed during a period of psychiatric instability or linked to conditions such as compulsive behavior or addiction.
ETS supports these cases through:
Be Cautious
Mental health diversion is not an option in every case. Serious offenses — such as violent crimes, sex-related charges, or those tied to gang activity — are generally excluded from eligibility.
That said, many individuals facing non-violent charges with a documented psychiatric condition may still qualify. At Executive Treatment Solutions (ETS), we collaborate closely with defense attorneys to evaluate eligibility, assemble strong clinical evidence, and provide compliance records that demonstrate a client’s readiness for treatment. This approach maximizes the likelihood of being approved for mental health diversion.
We’re Part of Your Defense Strategy
At Executive Treatment Solutions (ETS), we do more than connect clients with treatment — we develop the evidence that persuades the court mental health diversion is the right outcome. Through clinical evaluations, compliance reporting, and progress documentation, we provide the credible proof judges and prosecutors expect when deciding eligibility.
By collaborating closely with defense attorneys, we ensure every record, update, and treatment report comes together into a clear, court-ready presentation that demonstrates treatment — not punishment — is the most effective path forward.
Each mental health diversion case begins with comprehensive assessments to uncover conditions like depression, PTSD, bipolar disorder, or schizophrenia that may have contributed to the offense. These evaluations establish the foundation for a treatment-focused approach.
Judges require objective evidence of progress. ETS prepares detailed treatment plans, therapy updates, and testing records in formats that meet legal standards, showing accountability and genuine rehabilitation.
From the beginning, ETS works side-by-side with defense counsel to align treatment records, compliance updates, and timelines. This coordination ensures the legal strategy and treatment progress strengthen one another.
Mental health diversion often depends on how effectively a case demonstrates personal reform. ETS helps shape that story, showing the court that a client is not defined by their charges, but by the steps they are taking toward stability, treatment, and long-term responsibility.
A Path Forward — If You’re Willing to Do the Work
Mental health diversion is not a free pass — it’s a structured opportunity to demonstrate recovery and responsibility under court supervision. Instead of moving toward conviction, participants engage in a program centered on treatment, stability, and documented progress.
Most mental health diversion programs last between 12 and 24 months, though some may be resolved sooner if the participant shows consistent compliance. In other cases, the court may extend the program to allow for continued treatment and oversight.
Entry into mental health diversion requires judicial approval. Judges generally assess factors such as:
Mental health diversion comes with strict requirements that must be followed in order to remain eligible. These often include:
Success in mental health diversion depends on ongoing proof of participation and improvement. Courts typically require:
Not Every Felony Is Disqualifying — Many Are Eligible
Under California Penal Code § 1001.36, courts may grant mental health diversion in non-violent cases where the offense can be tied to an untreated psychiatric condition. Eligibility often depends on both the charges and documented proof of a diagnosable disorder. Examples include:
Drug Possession (Felony or Misdemeanor)
Covers narcotics, prescription medications, or other controlled substances possessed for personal use, often linked to co-occurring mental health struggles.
Theft-Related Crimes
Non-violent property offenses that exceed the felony threshold (commonly $950 in California) or first-time theft charges influenced by psychiatric or emotional issues.
Fraud Without Violence
Matters such as credit card misuse, unemployment fraud, or insurance claims filed during periods of untreated mental illness.
Forgery & Check Violations
Cases involving altered checks, falsified documents, or identity-related fraud connected to psychiatric instability.
Crimes Linked to Mental Illness
Offenses that stem directly from untreated psychiatric conditions, including bipolar disorder, schizophrenia, major depression, or PTSD.
Certain DUI Cases
Repeat or aggravated DUI charges may be considered if alcohol or drug use is closely connected to an underlying mental health condition and treatment is the recommended intervention.
FAQs
Mental health diversion, under California Penal Code § 1001.36, is a court-approved program that allows eligible defendants with a diagnosed psychiatric condition to enter treatment instead of facing immediate prosecution. If successfully completed, charges may be reduced or dismissed, helping individuals avoid a permanent criminal record.
Diversion programs are designed to address the root causes of criminal behavior. Instead of focusing only on punishment, these programs prioritize rehabilitation, treatment, and accountability, which reduces the likelihood of reoffending while giving individuals a second chance to stabilize their lives.
In California, most diversion programs last between 12 and 24 months. The exact length depends on the type of diversion, the nature of the charges, and the participant’s progress. Some cases may be resolved earlier if treatment goals are met, while others may be extended by the court to ensure stability.
If a participant successfully completes a mental health diversion program, the court will often dismiss or significantly reduce the charges. This means the defendant avoids a criminal conviction, and in many cases, the arrest record can be sealed — protecting future employment, housing, and educational opportunities.
Diversion is effective because it balances accountability with rehabilitation. Participants receive treatment for the issues that led to their charges, courts see reduced recidivism, and communities benefit when individuals return healthier and more stable. For many, diversion represents a true second chance to move forward without the weight of a conviction.
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