One thing working well in Los Angeles County courts is the increased use of structured diversion programs, including mental health diversion under Penal Code section 1001.36. In appropriate cases, this process has helped courts, prosecutors, defense attorneys, treatment providers, and probation recognize that some people charged with crimes are also struggling with serious, DSM-5 recognized mental health conditions that substantially contributed to their conduct.
When used properly, mental health diversion can protect public safety while also addressing the underlying issue that brought the person into court. Many individuals who come through the criminal courts have never received meaningful professional treatment because of poverty, lack of insurance, instability, neglect, or time spent in systems such as foster care. For those individuals, a carefully supervised treatment plan can be more effective than simply imposing a conviction and leaving the person with a lifelong felony record.
The strength of mental health diversion is that it is not automatic. It requires legal findings, treatment planning, supervision, accountability, and court review. When the person succeeds, dismissal can allow that person to move forward without being permanently burdened by “ex-felon” status. When the person does not comply or public safety concerns arise, the court still retains authority to respond appropriately.
This is an example of the court system working at its best: applying the law carefully, considering the individual facts of each case, protecting the community, and using available tools to reduce future harm rather than simply process cases.
IMPROVEMENT
An area that needs improvement is the speed and coordination of treatment-based alternatives in HS 11395 mandated treatment cases. Eligible people too often remain in custody while evaluations and treatment placements are arranged. When that process takes too long, some accept convictions just to get released sooner