Rio Linda, CA – Sacramento County Sheriff Jim Cooper is set to discuss California’s mental health diversion laws at a press conference on Thursday, April 10, 2025, an event that takes on added significance as awareness grows about programs offering individuals with mental illness a second chance within the criminal justice system.
For individuals facing criminal charges and struggling with mental illness, California law offers a potential path toward treatment, dismissal of charges, and the sealing of records. This option, known as Mental Health Diversion, is available for felony, misdemeanor, or “wobbler” charges, providing a significant opportunity for rehabilitation and recovery.
Sheriff Cooper’s press conference about mental health diversion laws comes at a critical time, as communities like Rio Linda seek to understand how these legal frameworks intersect with local law enforcement practices. The public interest in diversion programs is high, and the Sheriff’s discussion is anticipated to provide valuable insights into how these laws are applied within Sacramento County.
This week’s focus on mental health and community well-being is further underscored by the Sacramento County Sheriff’s Office Homeless Outreach Team’s weeklong operation focused on enforcement and outreach in the northern part of Sacramento County. Of specific interest to the Rio Linda, Elverta, North Highlands, and Antelope area, Monday’s efforts included these communities as well as Arden-Arcade and Carmichael.
Understanding Mental Health Diversion
The Mental Health Diversion program is a pretrial program, meaning that eligible individuals can enter treatment instead of immediately proceeding to sentencing through a trial or plea deal. This program can provide individuals with the chance to focus on their mental health for up to two years, with support from the court, probation officers, mental health advisors, and their defense attorney. A key benefit of successful completion is the potential for a cleared record, a rare outcome in the criminal justice system. This cleared record can be crucial for future opportunities in employment, housing, and professional licensing.
Eligibility Requirements
To qualify for Mental Health Diversion under Penal Code 1001.36, several criteria must be met:
- The defendant must have a qualifying mental illness as listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), such as bipolar disorder, schizophrenia, or PTSD. Certain conditions, including antisocial personality disorder, borderline personality disorder, and pedophilia, are not eligible. Qualification involves a review of medical records and related reports.
- The mental disorder must have played a significant role in the offense and be treatable, as determined by a qualified mental health professional. Evidence considered may include witness and police reports, medical records, and preliminary hearing transcripts.
- The defendant must waive their Sixth Amendment right to a speedy trial, although this requirement can be waived if the defendant is unable to consent due to their mental state.
- The defendant must agree to treatment, and the court must find that they do not pose an unreasonable risk to public safety.
Limitations and Additional Relief
It’s important to note that not all crimes are eligible for Mental Health Diversion. Senate Bill 215 outlines excluded crimes, such as involuntary manslaughter, failure to register as a sex offender, and specific sex offenses [non-cite]. Other violent felonies may also lead to disqualification, highlighting the importance of effective legal representation.
However, Assembly Bill 3234 has expanded general diversion opportunities for many misdemeanors, allowing superior court judges to offer diversion even over the objections of prosecuting attorneys. Excluded offenses include corporal spousal abuse, stalking, and sex crimes. Unlike other misdemeanor diversions, AB 3234 has no statutory eligibility requirements for defendants and no statutorily excluded misdemeanors.
