Comprehensive Forensic Assessments Supporting Penal Code § 1001.36 Diversion Eligibility
In 2018, California enacted Senate Bill 215, which amended Penal Code § 1001.36 to establish a pretrial diversion program for defendants with mental health disorders. Under this law, eligible individuals may avoid traditional prosecution if their mental illness significantly contributed to the offense and if they agree to engage in treatment. Upon successful completion of a treatment program, criminal charges are dismissed, and the arrest record is sealed.
This progressive approach offers an opportunity for individuals to receive appropriate care and avoid incarceration, provided that public safety is not compromised.
Purpose of the Mental Health Diversion Evaluation
A court-approved mental health evaluation is often required to determine whether a defendant meets the legal criteria for diversion. This evaluation must address specific statutory elements under Penal Code § 1001.36, including:
- Diagnosis of a qualifying mental disorder (excluding antisocial personality disorder and pedophilic disorder)
- Causal relationship between the mental illness and the charged offense
- Responsiveness to treatment and availability of services in the community
- Willingness of the defendant to comply with treatment
- Assessment of public safety risk if the individual is treated in the community
The mental health diversion evaluation provides the court with an objective, clinically sound foundation for making decisions about eligibility and public safety.
What to Expect from a Competency Evaluation
The mental health diversion evaluation is structured to ensure thorough assessment of psychological, cognitive, and contextual factors relevant to the alleged offense. The process typically includes the following components:
A structured interview is conducted with the defendant, and when relevant, close family members or support persons. The interview explores:
- Psychiatric, medical, and substance use history
- Current mental health symptoms and functional impairments
- History of treatment adherence and response
- Developmental, educational, and social history
- Circumstances surrounding the alleged offense
‍
To ensure alignment with the legal questions at hand, the evaluator will consult with the referring defense attorney to clarify:
- The nature of the charges
- Relevant timelines and court deadlines
- Specific evidentiary needs for the report
‍
To ensure alignment with the legal questions at hand, the evaluator will consult with the referring defense attorney to clarify:
- The nature of the charges
- Relevant timelines and court deadlines
- Specific evidentiary needs for the report
‍
To ensure alignment with the legal questions at hand, the evaluator will consult with the referring defense attorney to clarify:
- The nature of the charges
- Relevant timelines and court deadlines
- Specific evidentiary needs for the report
‍
To ensure alignment with the legal questions at hand, the evaluator will consult with the referring defense attorney to clarify:
- The nature of the charges
- Relevant timelines and court deadlines
- Specific evidentiary needs for the report
‍
To ensure alignment with the legal questions at hand, the evaluator will consult with the referring defense attorney to clarify:
- The nature of the charges
- Relevant timelines and court deadlines
- Specific evidentiary needs for the report
‍
Relevant collateral documentation is reviewed, including:
- Medical and psychiatric treatment records
- Arrest and incident reports
- Prior psychological evaluations or court records
- Jail mental health records (if applicable)
This information provides context to evaluate the role of mental illness at the time of the offense and the defendant’s overall psychological functioning.
‍
Relevant collateral documentation is reviewed, including:
- Medical and psychiatric treatment records
- Arrest and incident reports
- Prior psychological evaluations or court records
- Jail mental health records (if applicable)
This information provides context to evaluate the role of mental illness at the time of the offense and the defendant’s overall psychological functioning.
‍
Relevant collateral documentation is reviewed, including:
- Medical and psychiatric treatment records
- Arrest and incident reports
- Prior psychological evaluations or court records
- Jail mental health records (if applicable)
This information provides context to evaluate the role of mental illness at the time of the offense and the defendant’s overall psychological functioning.
‍
Relevant collateral documentation is reviewed, including:
- Medical and psychiatric treatment records
- Arrest and incident reports
- Prior psychological evaluations or court records
- Jail mental health records (if applicable)
This information provides context to evaluate the role of mental illness at the time of the offense and the defendant’s overall psychological functioning.
‍
When appropriate, standardized tests are administered to evaluate:
- Intellectual functioning
- Executive functioning (e.g., impulse control, judgment, planning)
- Memory and learning
- Attention and concentration
- Language comprehension and expression
- Visual-spatial processing
- Mood and personality structure
- Diagnostic clarification of psychiatric disorders
Testing may include both paper-and-pencil and computer-based assessments.
‍
When appropriate, standardized tests are administered to evaluate:
- Intellectual functioning
- Executive functioning (e.g., impulse control, judgment, planning)
- Memory and learning
- Attention and concentration
- Language comprehension and expression
- Visual-spatial processing
- Mood and personality structure
- Diagnostic clarification of psychiatric disorders
Testing may include both paper-and-pencil and computer-based assessments.
‍
When appropriate, standardized tests are administered to evaluate:
- Intellectual functioning
- Executive functioning (e.g., impulse control, judgment, planning)
- Memory and learning
- Attention and concentration
- Language comprehension and expression
- Visual-spatial processing
- Mood and personality structure
- Diagnostic clarification of psychiatric disorders
Testing may include both paper-and-pencil and computer-based assessments.
‍
When appropriate, standardized tests are administered to evaluate:
- Intellectual functioning
- Executive functioning (e.g., impulse control, judgment, planning)
- Memory and learning
- Attention and concentration
- Language comprehension and expression
- Visual-spatial processing
- Mood and personality structure
- Diagnostic clarification of psychiatric disorders
Testing may include both paper-and-pencil and computer-based assessments.
‍
When appropriate, standardized tests are administered to evaluate:
- Intellectual functioning
- Executive functioning (e.g., impulse control, judgment, planning)
- Memory and learning
- Attention and concentration
- Language comprehension and expression
- Visual-spatial processing
- Mood and personality structure
- Diagnostic clarification of psychiatric disorders
Testing may include both paper-and-pencil and computer-based assessments.
‍
A structured risk assessment tool is used to evaluate:
- Likelihood of future violence or recidivism
- Risk mitigation strategies (e.g., medication management, therapy, supervision)
- Clinical recommendations for appropriate community-based treatment settings
- Level of supervision and care required to ensure public safety
‍
A structured risk assessment tool is used to evaluate:
- Likelihood of future violence or recidivism
- Risk mitigation strategies (e.g., medication management, therapy, supervision)
- Clinical recommendations for appropriate community-based treatment settings
- Level of supervision and care required to ensure public safety
‍
A structured risk assessment tool is used to evaluate:
- Likelihood of future violence or recidivism
- Risk mitigation strategies (e.g., medication management, therapy, supervision)
- Clinical recommendations for appropriate community-based treatment settings
- Level of supervision and care required to ensure public safety
‍
Who May Benefit from a Mental Health Diversion Evaluation?
Defendants charged with misdemeanor or felony offenses (excluding certain serious crimes) may benefit from a diversion evaluation if they have a diagnosed mental illness and:
- Were experiencing active symptoms at the time of the offense
- Have a history of psychiatric treatment or impairment
- Show willingness to engage in treatment and comply with court conditions
- Pose no significant, unmanageable risk to public safety
ADHD Testing Accommodations and Workplace Support
Ubuntu Psychological Services works collaboratively with families, schools, and employers to help implement these supports. A formal diagnosis of ADHD can open the door to supportive accommodations at school and work:
Why choose Ubuntu services?
Ubuntu Psychological Services is committed to empowering students through compassionate, culturally competent, and evidence-based assessment services. We understand the significant impact of unrecognized learning differences, and we advocate for students’ rights to equitable educational opportunities.
We offer:
- Prompt scheduling and timely reporting
- In-person and virtual assessments (when appropriate)
- Evaluations that meet documentation standards for ADA, IDEA, and Section 504
- Support in understanding your results and next steps for school-based services or accommodations