Department 10's requirements for mental health diversion: a case is assigned to Department 10 once the trial court has made a prima facie finding of eligibility under Penal Code section 1001.36, subd. (e); no hearing without a properly noticed motion including an alienist report, filed and served in advance, and screening by the County Behavioral Health Department (CBH) and by the Probation Department; a proposed treatment plan prepared by CBH or, when treatment is outside CBH, a detailed plan by the provider - the provider's credentials, every area the alienist identified, the treatment components and their frequency, any drug testing protocol, the defendant's progress and the provider's willingness to report - filed and served in advance; and an approved plan attached to the Order Re Conditions of Release for Mental Health Diversion.
California > Second Appellate District > San Luis Obispo County > Superior Court of California, County of San Luis Obispo > Criminal Division, Department 10
San Luis Obispo County Superior Court Department 10 Guidelines for Consideration of Motions for Mental Health Diversion pursuant to Penal Code § 1001.36 Once the assigned individual trial court has made a prima facie finding of eligibility under Penal Code section 1001.36, subd. (e), the case will be assigned to Department 10 for hearing to determine eligibility and suitability for mental health d
Reviewer note: Composed 2026-10-08 (California T4 San Luis Obispo build 2026-10-08) from BenchPath custody ca/t4/ca-san-luis-obispo/docs/general/mhd-guidelines.pdf (113902 bytes, sha256 163dfecf41a0eeba4d86ab0cb3fb103244fc90ed21f6a411d0a41477569faf1f; 1 page) with the shared verbatim composer (v2 reflow): page marks and running headers or footers removed as chrome; lines reflowed into the document's paragraphs; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented settings (whitespace-only or same-character changes; the proofs hold): a citation the reflow broke after “Pen.” rejoined (a whitespace fix). Attached to Judge Catherine J. Swysen: the card is for Dept. 10 of the Criminal Division, where the court's Judicial Assignments page and its 2026 Judicial Assignments seat Judge Catherine J. Swysen. Review note: Published as printed: “Penal Code section 10001.36, subds. (a)-(c)” (section 1001.36).
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