Mental Health Diversion Court (MHD)

Mental Health Diversion (MHD) is governed by Penal Code §1001.36. MHD is for individuals charged with felonies or misdemeanors, who have a qualifying mental health diagnosis, and who meet the eligibility and suitability criteria set by the Legislature. If MHD is granted, a treatment plan may be approved by the court and the proceedings are “postponed” while the person receives treatment in the community. The court utilizes grant funds to provide Assertive Community Treatment (ACT). That may include medication and wrap around services (e.g. anger management, specialized therapy, housing, care managers, therapists, and accountability measures such as drug testing). The case and record of arrest is dismissed upon successful competition of the program.
Program length is typically 12-24 months.
 

No, generally speaking, the Court provides a written ruling in cases that proceeded to a contested hearing.  A contested hearing is held when there is an objection to MHD Court, or the parties do not stipulate to MHD Court. 

No, when the Court finds a person eligible and suitable for MHD Court, it means that the individual  meets the criteria set by the Legislature for MHD Court. In Sonoma County, MHD is not granted until each person’s doctor, therapist, and other treatment team members (substance addiction counselors,  case managers, etc.) provide Agreements to Treat to the Court in which they agree to provide the specific treatment prescribed in the defendant’s recommended treatment plan, and regular progress reports to the Court about the individual’s progress and performance in treatment. Additionally, in appropriate cases, the Court requires the defendant’s agreement to firearms relinquishment and prohibition, random drug testing, stay-away orders, and other court orders before MHD Court is granted. 

Generally speaking, a condition precedent is an event or act that must occur before MHD Court is granted. The condition precedent acts as a trigger. If the condition is not met, the Court will not grant MHD Court.

If a party believes the Court’s ruling is legally incorrect, the party may seek review from a higher court (by writ or appeal).  The case law to which the Court cites in its rulings, are cases that were appealed and reversed, modified, or affirmed by a higher court. 

A member of the public may go to the criminal clerk’s office and access a copy of the court’s written rulings.