A Path to Recovery: How Mental Health Diversion Under PC 1001.36 Can Help You
Facing criminal charges in California is stressful enough. But when mental health challenges are involved, the situation can feel even more overwhelming. The good news is that California recognizes the connection between mental health and the justice system, offering a path toward treatment instead of punishment.
One of the strongest options is Mental Health Diversion under Penal Code 1001.36, a program designed to enroll eligible individuals in care and prevent them from entering the criminal justice system in the long term.
Here’s what PC 1001.36 means, how it works, who qualifies, and why it could be the most important opportunity in your case.
What Is Mental Health Diversion Under PC 1001.36?
Mental Health Diversion is a court-approved program that allows judges to pause a criminal case while a defendant receives mental health treatment. If the person successfully completes treatment, the judge will dismiss the charges, meaning no conviction and no criminal record will be associated with the case.
Under Penal Code 1001.36, judges can grant diversion in both misdemeanor and felony cases. Diversion can last up to two years, and the treatment plan is tailored to the person’s specific mental health needs through qualified providers.
This law was created to address the reality that many defendants would benefit more from treatment than traditional punishment. Instead of incarceration or probation, PC 1001.36 focuses on stabilization, rehabilitation, and long-term recovery.
How Is PC 1001.36 Different from Other Diversion Programs?
Traditional diversion programs often target specific offenses — such as DUIs or drug-related charges. Mental Health Diversion is different. It focuses on the person, not the charge, so long as the legal requirements are met.
Another major difference is that approval from the prosecutor is not required. While the district attorney can object, the judge has the final say. That gives defendants and their attorneys a genuine opportunity to demonstrate why treatment is a more suitable alternative to prosecution.
Mental Health Diversion also requires clinical involvement, meaning a mental health professional must evaluate the defendant and confirm that treatment would be effective and beneficial. This professional support is not part of most other diversion programs.
Who Is Eligible for Mental Health Diversion?
To qualify for PC 1001.36 diversion, a defendant must meet several requirements:
1. They must have a qualifying mental health condition.
A defendant must have a diagnosed mental health disorder recognized under PC 1001.36, and the list is intentionally broad to include many common and serious conditions. Disorders include:
- Anxiety disorders
- Depression and other mood disorders
- PTSD
- Schizophrenia and other psychotic disorders
- Bipolar disorder
- ADHD
- Schizoaffective disorder
- Trauma-related disorders
However, the law generally excludes personality disorders, so a proper clinical diagnosis is an essential part of the process.
2. The condition must have contributed to the alleged offense.
The court must be able to see a clear link between the mental health condition and the behavior that led to the arrest. This does not mean the disorder must be the only cause, only that it played a significant role in the conduct. Establishing this connection often involves clinical evaluations, medical records, or other documentation presented by the defense.
3. A mental health expert must believe treatment will be effective.
A clinician must evaluate the defendant and determine that mental health treatment will help address the underlying condition. The expert’s opinion reassures the court that diversion is likely to succeed and provides a foundation for an individualized treatment plan. Without this professional endorsement, judges are unlikely to grant diversion.
4. The defendant agrees to comply with treatment.
Mental Health Diversion is a voluntary program, meaning the defendant must be willing to participate fully in treatment. The court aims to ensure that the person is motivated to complete therapy, follow medical recommendations, and remain engaged throughout the program. Without this commitment, diversion would not be effective or appropriate.
5. The person does not pose an unreasonable risk to public safety.
Before granting diversion, the judge must determine that placing the defendant in treatment rather than traditional prosecution will not endanger the community. This assessment considers factors such as the nature of the charge, the individual’s history, and the likelihood of future harm. If the court believes the individual can safely undergo treatment, diversion is more likely to be approved.
Charging Exceptions
Most offenses can qualify for mental health diversion, but there are restrictions for certain violent crimes under Penal Code 667.5(c). Still, far more cases are eligible under PC 1001.36 than under other diversion programs.
What Are the Benefits of Mental Health Diversion?
PC 1001.36 offers several powerful advantages for eligible defendants, with a focus on treatment, rehabilitation, and long-term stability. These benefits can significantly change the trajectory of a case and help protect a person’s future long after the legal process ends.
No conviction if completed
If you successfully complete the court-ordered treatment program, the judge will dismiss the case entirely, leaving you with no criminal conviction. This clean record can protect critical areas of your life, such as:
- Job opportunities
- Professional licenses
- Immigration status
- Housing applications
- Educational opportunities
For many people, avoiding a lifelong conviction is the single most valuable benefit of diversion.
Treatment instead of punishment
Mental Health Diversion shifts the focus from penalizing a person to addressing the underlying mental health issues that contributed to the arrest. By prioritizing recovery over incarceration or probation, the program fosters better long-term stability and reduces the likelihood of future contact with the criminal justice system. This approach acknowledges that treatment often yields healthier and safer outcomes for both the individual and the community.
A tailored treatment plan
Unlike one-size-fits-all programs, PC 1001.36 allows the court to craft a treatment plan specifically suited to the defendant’s diagnosis and needs. This may include therapy, psychiatric care, medication management, outpatient services, or substance-use treatment, depending on what clinicians recommend. Tailored plans ensure that the person receives the type of care most likely to support real progress and successful completion.
A true second chance
Mental Health Diversion gives individuals the opportunity to rebuild their lives without being permanently defined by a single mistake or moment of crisis. By completing treatment, defendants can stabilize their mental health, move forward with confidence, and avoid the long-term consequences of a criminal conviction. It’s a meaningful chance to rewrite the future and regain control of one’s life.
What Does a PC 1001.36 Diversion Program Include?
If the judge approves diversion, the court will order a treatment plan through a qualified mental health provider. Terms commonly include:
- Outpatient or inpatient treatment
- Individual therapy
- Group counseling
- Medication management
- Substance-use treatment where appropriate
- Regular progress reports to the court
- Compliance reviews with the judge
Diversion can last up to 24 months, but the plan varies based on the individual’s needs. In many cases, judges allow flexibility as long as the defendant shows genuine effort and progress.
If someone stops participating without a good reason, the judge can end diversion and resume the criminal case, which is why compliance is essential.
What Does “Suitability” Mean?
Mental Health Diversion is not automatic. The judge must decide if someone is a good candidate. This is often referred to as showing “suitability,” which may involve demonstrating:
- A history of symptoms or treatment
- A recent diagnosis
- Support from family or mental health providers
- A clear connection between the disorder and the alleged offense
- Motivation to get help
- A low risk to public safety
A defense attorney plays a crucial role in presenting this evidence clearly and persuasively.
What Happens After You Complete the Program?
If you finish treatment and meet all the court-ordered terms, the judge will:
- Dismiss the case
- Seal the records of the arrest
- Release you from all criminal penalties
This is one of the most substantial benefits of PC 1001.36 — once completed, it’s as though the charges never happened.
If you struggle during treatment, the court can adjust or extend the program rather than terminating it right away. The system is designed to encourage recovery, rather than setting people up for failure.
Do You Need a Criminal Defense Attorney for Mental Health Diversion?
Yes. Mental Health Diversion is a powerful tool, but it involves complex legal, medical, and procedural steps. A defense lawyer can help by:
- Evaluating whether you qualify
- Getting a mental health assessment
- Gathering medical records or expert testimony
- Presenting evidence of suitability
- Responding to objections from the prosecutor
- Structuring a treatment plan that satisfies the court
- Advocating for you at all hearings
Having skilled counsel can make the difference between entering diversion and facing a conviction that could have been avoided.
Questions About Mental Health Diversion? Contact Morris Law Today.
PC 1001.36 offers a lifeline for people whose mental health contributed to their arrest. If you or a loved one is facing criminal charges, Mental Health Diversion may be the key to protecting your future and getting real support instead of punishment.
At Morris Law, we fight for second chances rooted in treatment, compassion, and justice. Attorney Seth Morris understands the diversion process and knows how to build strong arguments for eligibility and suitability.
Call (510) 225-9955 or contact us online for a free consultation. We’re here to help you move forward with stability and dignity.
