Mental Health Court

Mental Health Court is a probation treatment program. Mental Health Court recognizes that mental illness can contribute to criminal behavior and aims to rehabilitate individuals to reduce repeat offenses and improve public safety. These courts focus on a collaborative, non-adversarial approach and aim to:

• Identify and treat eligible defendants early.
• Provide a full range of treatment and rehabilitation services.
• Regularly monitor participants’ compliance.
• Measure program outcomes and effectiveness.
• Partner with public agencies and community organizations to enhance services and community support.

Mental Health Diversion

Mental Health Diversion recognizes that some individuals fall outside the criminal legal framework when it is determined that the alleged misconduct was the result of a legitimate mental health issue rather than malicious intent to commit a crime. Effective January 1, 2019, it provided that the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant charged with certain felony or misdemeanor charges if the defendant met the enumerated criteria. 

Unfortunately, this impactful law has been severely underutilized, and it has struggled to meet its goal of increasing diversion of individuals with mental disorders, mitigate trans-institutionalization, protect the public, and reunite families.

Veteran's Court and Military Diversion

Veteran’s Court is a collaborative court designed for veterans who have committed crimes and suffer from issues such as PTSD, substance abuse, or other service-related conditions. It emphasizes rehabilitation over punishment and includes treatment plans tailored to the veteran’s needs, frequent court monitoring, and support services. Successful completion often results in reduced charges or dismissal.

Military Diversion (PC 1001.80)  is a pretrial program for current or former members of the U.S. military charged with misdemeanors and felonies who suffer from service-related conditions like PTSD, TBI, substance abuse, or mental health issues. If accepted, the participant undergoes pre-trial diversion treatment instead of prosecution. Upon successful completion, the case is dismissed, and no conviction is entered.

Competency

Competency proceedings determine whether a criminal defendant is mentally competent to stand trial. Under the California Penal Code, a defendant is not competent if, due to mental disorder or developmental disability, they are unable to understand the nature of the proceedings or assist counsel in a rational manner. If restored, criminal proceedings resume. If not restorable, the court may consider conservatorship or dismissal of charges, depending on circumstances.

LPS Mental Health Conservatorships

An LPS (Lanterman-Petris-Short) conservatorship grants one adult (the conservator) legal responsibility over another adult (the conservatee) who suffers from a serious mental illness as defined in the DSM (Diagnostic and Statistical Manual of Mental Disorders). This type of conservatorship is designed for individuals with severe, biologically based mental disorders such as schizophrenia, bipolar disorder, schizoaffective disorder, clinical depression, and obsessive-compulsive disorder. It does not apply to individuals with conditions like brain trauma, intellectual disability, dementia, or substance addiction—unless they also have one of the qualifying mental illnesses listed in the DSM.

Involuntary Commitments (MDO)

California Penal Code § 2970 allows the District Attorney to petition for the continued involuntary treatment of an individual with a severe mental disorder (SMD) who is nearing the end of their prison term. This applies when the person’s mental illness was a cause or contributing factor in the commission of their crime, and they are deemed to still pose a danger to others as a result of that disorder. The petition must be filed at least 180 days before the individual’s scheduled release. If granted, the person may be committed to a state hospital or mental health facility for continued treatment. A civil trial is held to determine whether the individual meets the legal criteria for extended treatment under Penal Code § 2972.

Immigration and Mental Health

Immigration, mental health, and the criminal justice system intersect in complex and often challenging ways. Immigrants with mental health conditions may face unique vulnerabilities, including language barriers, cultural stigma, and limited access to appropriate care. When involved in the criminal justice system, these individuals are at risk of being misunderstood, misdiagnosed, or improperly treated, which can lead to unjust outcomes such as prolonged detention or deportation. Advocacy for culturally competent mental health services, diversion programs, and legal protections is essential to ensure fairness, uphold due process, and promote rehabilitation over punishment for immigrant populations facing mental health challenges within the justice system.