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After AB 1810 added Penal Code section 1001.36, mental health diversion motions must be submitted in writing: felony motions are filed in Department C5, and misdemeanor motions, with a proposed treatment plan, in the master calendar department at the assigned justice center.
California > Fourth Appellate District > Orange County > Superior Court of California, County of Orange
Superior Court of California County of Orange Chambers of CHARLES MARGINES PRESIDING JUDGE 700 CIVIC CENTER DRIVE, WEST DEPARTMENT C1 SANTA ANA, CA 92701 August 23, 2018 Administrative Order No. 18/04 MENTAL HEALTH DIVERSION Penal Code Section 1001.36 AB 1810 was signed by the Governor on June 26, 2018 and became law effective immediately. It added section 1001.36 to the Penal Code which establishes a diversion procedure for defendants with mental disorders. The statute authorizes courts to grant pretrial diversion on an accusatory pleading alleging the commission of a misdemeanor or felony offense. A condition of diversion is that defendants undergo mental health treatment for a period no longer than two years. Penal Code section 1001.36 does not address how a request for mental health diversion is to be brought before the court. Section 1001.36 proceedings involve a request for a court order. A request for an order is a motion. (Code Civ. Proc., § 1003; CEB Crim. Law Prac. & Procedure (2016) § 18.1; Cal. Rules of Court, rule 4.111; OCSC Local Rules Div. 8.) The court has inherent authority to control the proceedings before it and to formulate rules of practice and procedure where justice demands it (See Code Civ. Proc., §§ 128 and 187; Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 953, 967.) IT IS ORDERED that, effective immediately, mental health diversion motions shall be submitted to the court in writing and filed as follows: 1. Motions in felony cases shall be filed in Department C5. 2. Motions in misdemeanor cases shall include a proposed treatment plan and be filed in the master calendar department at the assigned justice center. IT IS SO ORDERED. Dated this 23nd day of August, 2018. CHARLES MARGINES Presiding Judge
Superior Court of California County of Orange Chambers of CHARLES MARGINES PRESIDING JUDGE 700 CIVIC CENTER DRIVE, WEST DEPARTMENT C1 SANTA ANA, CA 92701 August 23, 2018 Administrative Order No. 18/04 MENTAL HEALTH DIVERSION Penal Code Section 1001.36 AB 1810 was signed by the Governor on June 26, 2018 and became law effective immediately. It added section 1001.36 to the Penal Code which establish
Reviewer note: Composed 2026-09-29 (California T3 Orange build 2026-09-29) from BenchPath custody ca/t3/ca-orange/docs/18_04AdminOrder(2).pdf (377180 bytes, sha256 0f6deee3b106a782b5329da9f014979f835fb7c4bba6d654a1a87e128bc31b44; 1 page) - the court's own posted PDF, a scan: transcribed by eye from the rendered page images, every page read against the image; a local machine reading (RapidOCR) served only as a second reader for a word-level diff, every difference classified and checked on the page; every quotation mark, apostrophe and dash checked in full-resolution crops; file stamps, handwritten dates and pages not transcribed are recorded in bracketed notes; printed irregularities are kept as printed.
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.