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The Court's general guidelines for applicants in the Mental Health Diversion (MHD) process (Local Rule 8.14(D) refers parties to them): MHD under Penal Code § 1001.36, and Penal Code §§ 1370 and 1370.01 where a person has been deemed Incompetent to Stand Trial; the application on the most up-to-date MHD application form with a signed Release of Information (ROI) listing the current psychiatrist and therapist; filing with the criminal clerk's office in person (pro per defendants) or through E-file (attorneys), the application and supporting documents filed confidentially; service of a complete copy on the District Attorney's office and Sonoma County Behavioral Health (SCBH); applications without the required supporting documents, including the ROI and Proof of Service (POS), rejected; the hearing on the next available Thursday MHD petition calendar at 1:30 p.m.; the referral to SCBH for a suitability assessment, with 10 calendar days to provide information for it; Agreements to Treat from all treatment providers (or, for Kaiser patients, the Kaiser records it describes) before MHD is granted; contested hearings, typically held on Fridays; the court's treatment coordinators at MHDReports@sonomacourt.org; and the compliance/review calendar after MHD is granted.
California > First Appellate District > Sonoma County > Superior Court of California, County of Sonoma
Mental Health Diversion Workflow and FAQ The following are general guidelines to assist applicants with the MHD process in Sonoma County. 1. Legal Authority: Mental Health Diversion Court (MHD) is governed by Penal Code § 1001.36. In cases where a person has been deemed Incompetent to Stand Trial (IST), Penal Code §§ 1370 (felonies) and 1370.01 (misdemeanors) also apply to MHD court. 2. Where do I find the MHD Application? Applications for MHD should be made on the most up-to-date MHD application form which is found on the court’s website. Please include a signed RELEASE OF INFORMATION (ROI) with your application for MHD. You must list your client’s current mental health providers (psychiatrist and therapist) and their contact information in the “other” box on the ROI. Forms may be accessed here: https://sonoma.courts.ca.gov/forms-filing/local-forms. 3. Where do I file? Applications for Mental Health Diversion must be submitted to the criminal clerk’s office either in person (pro per defendants) or through E-file (attorneys). All supporting mental health documents, INCLUDING AN ROI with the applicant’s current treatment providers’ contact information (psychiatrist and therapist) must be included with the filing. Please note that Sonoma County Behavioral Health (SCBH) will request the applicant’s mental health records from the applicant’s current treatment providers and also from the jail’s mental health provider for the applicant’s most recent period of incarceration, if any, to assist with the assessment for MHD. MHD applications and true and correct supporting documents from a licensed medical professional or agency will be filed as confidential and only available to the parties served and the Court. Documents filed confidentially are not accessible by the public. 4. Do I have to serve anyone with a copy of the filed MHD application? Yes, you must serve a complete copy of the MHD application on both the District Attorney’s office at DAMentalhealth@sonomacounty.gov and Sonoma County Behavioral Health at MHDiversion-BH@sonomacounty.gov. If you are filing electronically, you can do so by selecting the appropriate service recipients in the eFile system. 5. Do I have to include supporting documentation? Yes, all required supporting documents including a Release of Information (ROI) and Proof of Service (POS) must be submitted with the MHD application. If these documents are not included at the time of filing, the application will be rejected. Rejected applications will include a note explaining the reason for the rejection. Notations such as “see 1368 report” or “judicial notice court files” will not be accepted. All supporting documents must be submitted with the application. 6. When are the hearings on the application for MHD? When you file your MHD application, you will be given a hearing date on the next available Thursday MHD petition calendar at 1:30 p.m. 7. What if the MHD applicant does not have mental health providers? If the MHD applicant does not have a psychiatrist and a therapist in place at the time the MHD application is filed, the applicant should seek out mental health providers immediately. Having mental health providers already in place significantly expedites the MHD process if your client is ultimately found suitable for MHD. 8. What if the MHD applicant does not have health insurance? If the MHD applicant does not have private health insurance, MediCal, or mental health providers in place at the time their MHD application is filed, they should immediately contact the Sonoma County Behavioral Health Access Line to be assessed for services. Note: It usually takes up to two months to get an appointment with Access. County of Sonoma Behavioral Health Access Line Available 24 Hours a Day, 7 Days a Week Phone: (707) 565-6900 Toll Free: (800) 870-8786 https://sonomacounty.gov/health-and-human-services/health-services/divisions/behavioral-health/services/accessing-mental-health-services 9. What happens after the MHD application is filed? After the MHD application is filed, the applicant will appear in court on the date set by the clerk’s office. At the initial hearing, the court will have already reviewed the application and supporting documents to determine whether the applicant has a qualifying diagnosis and is eligible for MHD under the initial criteria set forth in Penal Code §1001.36. If the prosecution objects to initial eligibility, a contested hearing may be set. 10. What happens if the applicant meets the initial eligibility criteria for MHD? If the MHD applicant has a qualifying diagnosis, nexus is presumed (per the statute), and the applicant will be referred to SCBH for a suitability assessment. The queue for a suitability assessment is lengthy, sometimes taking up to three months to get an appointment. It is very important that the MHD applicant calls SCBH to schedule an appointment immediately after the finding of eligibility, and that they do not miss the appointment. If the appointment is missed, it is not a guarantee that the MHD applicant will be re-referred to SCBH. If a person is re-referred after a missed appointment, it may likely take up to another three months to be assessed. An appointment for a suitability assessment may be scheduled by contacting: Sonoma County Behavioral Health (SCBH) Sharilyn Shaeffer, LMFT Health Program Manager (707) 565-4966 11. What happens after the applicant is referred for a suitability assessment? Once the MHD applicant is referred to SCBH for a suitability assessment, they will be given a court date, up to three months in the future. In the meantime, the criminal case may continue a parallel track in the master calendar department. During this time, the applicant should get established with mental health providers if not already in place. If the applicant already has treatment providers established, they should continue to attend their mental health treatment appointments. 12. Does SCBH need any information to conduct a suitability assessment? Yes, as part of the SCBH licensed clinician’s assessment, they will interview the applicant and review any documentation provided to them. As a matter of course: a. The DA’s office provides SCBH with the complaint, and crime reports for the assessment. b. The Court will provide the current 1368/1370/1372 report, if any, for the assessment. c. The applicant must serve a copy of the MHD application on SCBH. d. Please note – as part of the assessment, the licensed clinician will conduct a clinical assessment and draft a proposed treatment plan based on that assessment. You will have 10 calendar days to provide any and all information you want SCBH to consider during the assessment, which may affect the assessment and treatment plan. Please provide documentation to: MHDiversion-BH@sonomacounty.gov. 13. What happens after the suitability assessment is conducted? When the MHD applicant returns to court, the suitability assessment will have been reviewed by the Court and counsel in advance. If the Court and counsel agree that the individual is both eligible and suitable for MHD, the next step is for the MHD applicant to provide the court with Agreements to Treat from their mental health providers (psychiatrist and therapist). If the parties disagree about suitability, the case will be set for a contested hearing. 14. Why do I have to submit Agreements to Treat before MHD is granted? Applicants will not be accepted into MHD court until the court has received Agreements to Treat from all treatment providers. This process ensures that the individual has treatment providers in place who will provide progress reports to the court regarding the individual’s treatment. MHD will not be granted until agreements to treat have been received by the Court directly from the treatment providers. The process for Kaiser patients differs slightly. For Kaiser patients, in lieu of an Agreement to Treat form, the Court will accept either a completed Kaiser Permanente Mental Health Treatment Progress and Participation Report from Kaiser’s Release of Medical Information Office (ROMI) or recent psychiatry and/or therapy After Visit Summary or clinical notes, provided they include proof of attendance and documentation of future scheduled appointments. To access these records, please follow the below instructions for obtaining copies from patient portal. Additionally, if your client is found suitable for MHD, they may be asked to complete a firearms relinquishment/prohibition form and given restitution information. For Kaiser Patients to Access Records: a. Download and Log In: Download the “Kaiser Permanente” app from the App Store (iPhone) or Google Play (Android). Sign in with your kp.org user ID and password. b. Navigate to Records: Once logged in, tap on the “Appointments & Visits” or “My Records” section on the home screen. c. Find the Visit: Look for “Past Visits” and select the specific appointment you are looking for. d. View Summary: Select “After Visit Summary” to review your care instructions, notes, and next steps. e. Forward to Court: by sending to MHDReports@sonomacourt.org. 15. What if the parties disagree about suitability? If the parties disagree about suitability, a contested hearing may be set. Contested hearings are typically held on Fridays. 16. What if the applicant’s provider won’t sign an agreement to treat? Both you and your client must first make a reasonable effort to obtain the Agreements before requesting assistance. If the MHD applicant is having difficulty obtaining Agreements to Treat from their treatment providers, please contact the court’s treatment coordinators at: MHDReports@sonomacourt.org for additional support. When seeking assistance, provide: a. The provider’s name and direct contact information b. A history of attempts to obtain the documentation, and c. A signed Release of Information (ROI) including the provider’s contact information if not already submitted. 17. What happens once the agreements to treat are received? Once the Agreements to Treat are received by the court, the court order will be completed by the applicant and their attorney. The Court will review the court order and the individual treatment plan with the applicant and grant MHD. 18. What happens when MHD is granted? Once MHD is granted, future court dates will be set on the Court’s compliance/review calendar either on Monday’s at 1:30 p.m. or Wednesday’s at 9:30 a.m. in Department 13. 19. What if the MHD applicant has been found IST? If the MHD applicant has been found IST, you do not need to file a MHD application. Once the court has made an interest of justice (IOJ) finding, the case may be put directly onto Department 13’s Monday calendar from the master calendar department.
Mental Health Diversion Workflow and FAQ The following are general guidelines to assist applicants with the MHD process in Sonoma County. 1. Legal Authority: Mental Health Diversion Court (MHD) is governed by Penal Code § 1001.36. In cases where a person has been deemed Incompetent to Stand Trial (IST), Penal Code §§ 1370 (felonies) and 1370.01 (misdemeanors) also apply to MHD court. 2. Where do I
Reviewer note: Composed 2026-10-08 (California T4 Sonoma build 2026-10-08) from BenchPath custody ca/t4/ca-sonoma/docs/forms-and-filings/mhd-workflow-and-faq-63026.pdf (236905 bytes, sha256 df4e3f538f85c3c85b4b09daeee1bf7f99fc8bd01b5739af1473104e7ae605a7; 5 pages) 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. Review note: The FAQ (file of June 30, 2026; the court's page lists it as revised 05/01/26) sets the compliance/review calendar on Mondays at 1:30 p.m. or Wednesdays at 9:30 a.m. "in Department 13" and the IST cases on "Department 13's Monday calendar"; the court's criminal calendar of August 3, 2026 (carded) sets the MHD review and petition calendars in Courtroom 64 (Judge Karlene Navarro) - which department hears them is a review task.
6 verbatim requirements on divisional requirements in GIUSEPPINA MIRANDA's division.
4 verbatim requirements on divisional requirements in HILARY CREARY's division.
2 verbatim requirements on divisional requirements in NATASHA DEPRIMO's division.