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Diversion under Penal Code section 1001.36 granted only after the treatment team provides Agreements to Treat and agrees to report progress, and, in appropriate cases, after the defendant agrees to firearms relinquishment, random drug testing and stay-away orders (conditions precedent); written rulings after contested hearings, available at the criminal clerk's office; the MHD forms (CR-007 application and the treatment, release, progress, restitution and firearms forms); Department 64's Zoom appearances only when authorized in advance (Local Rule 8.14 states the motion procedure).
California > First Appellate District > Sonoma County > Superior Court of California, County of Sonoma
FAQ What is Mental Health Diversion (MHD)? Mental Health Diversion (MHD) is governed by Penal Code §1001.36. MHD is for individuals charged with felonies or misdemeanors, who have a qualifying mental health diagnosis, and who meet the eligibility and suitability criteria set by the Legislature. If MHD is granted, a treatment plan may be approved by the court and the proceedings are “postponed” while the person receives treatment in the community. The court utilizes grant funds to provide Assertive Community Treatment (ACT). That may include medication and wrap around services (e.g. anger management, specialized therapy, housing, care managers, therapists, and accountability measures such as drug testing). The case and record of arrest is dismissed upon successful competition of the program. Program length is typically 12-24 months. Does the Court provide a written ruling in every case? No, generally speaking, the Court provides a written ruling in cases that proceeded to a contested hearing. A contested hearing is held when there is an objection to MHD Court, or the parties do not stipulate to MHD Court. When the Court finds a person “eligible and suitable” for MHD court, is MHD “granted?” No, when the Court finds a person eligible and suitable for MHD Court, it means that the individual meets the criteria set by the Legislature for MHD Court. In Sonoma County, MHD is not granted until each person’s doctor, therapist, and other treatment team members (substance addiction counselors, case managers, etc.) provide Agreements to Treat to the Court in which they agree to provide the specific treatment prescribed in the defendant’s recommended treatment plan, and regular progress reports to the Court about the individual’s progress and performance in treatment. Additionally, in appropriate cases, the Court requires the defendant’s agreement to firearms relinquishment and prohibition, random drug testing, stay-away orders, and other court orders before MHD Court is granted. What does it mean when the Court requires a “condition precedent” before granting MHD? Generally speaking, a condition precedent is an event or act that must occur before MHD Court is granted. The condition precedent acts as a trigger. If the condition is not met, the Court will not grant MHD Court. What is the recourse if a party thinks the Court’s ruling is legally incorrect? If a party believes the Court’s ruling is legally incorrect, the party may seek review from a higher court (by writ or appeal). The case law to which the Court cites in its rulings, are cases that were appealed and reversed, modified, or affirmed by a higher court. How can a person access the court’s written rulings related to MHD? A member of the public may go to the criminal clerk’s office and access a copy of the court’s written rulings. Forms and Documents Mental Health Diversion Forms Form # Date Rev Mental Health Diversion Workflow and FAQ * 05/01/26 Mental Health Diversion Application CR-007 01/13/26 Kaiser Release of Information * 01/13/26 Blank Provider Release of Information English * 01/13/26 Blank Provider Release of Information Spanish * 01/13/26 Agreement to Provide Mental Health Treatment * 01/13/26 Medication Recommendation * 01/13/26 Universal Treatment & Progress Report * 01/13/26 Mental Health Diversion Program Flyer English * 01/13/26 Mental Health Diversion Program Flyer Spanish * 01/13/26 Order of the Court Mental Health Diversion * 06/18/26 Prohibited Persons Relinquishment Report FR-110 07/24/26 Victim Restitution Order * 10/02/26 Findings and Orders Regarding Prohibited Items While on Diversion CR-163 10/02/26 Helpful Links and Resources Mental Health Court Pamphlet Department 64 Calendar Matrix with Descriptions Behavioral Health Services - Sonoma County Indian Health Project (SCIHP) Behavioral Health Division | Department of Health Services Zoom Information Department Meeting ID Password D64 161 876 2172 917048 *Zoom appearances must be previously authorized by the Court
FAQ What is Mental Health Diversion (MHD)? Mental Health Diversion (MHD) is governed by Penal Code §1001.36. MHD is for individuals charged with felonies or misdemeanors, who have a qualifying mental health diagnosis, and who meet the eligibility and suitability criteria set by the Legislature. If MHD is granted, a treatment plan may be approved by the court and the proceedings are “postponed” whi
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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.