Qualified incarcerated individuals who meet the criteria outlined in Senate Bill No. 215 are granted pretrial mental health diversion:

• A court must find that the defendant’s mental disorder played a significant role in the commission of the charged offense. 
• The defendant must suffer from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders including, but not limited to:
  • bipolar disorder
  • schizophrenia
  • schizoaffective disorder
  • or post-traumatic stress disorder
• Mental disorders not eligible for mental health diversion include:
  • antisocial personality disorder
  • borderline personality disorder
  • pedophilia. 
• The defendant consents to diversion and waives his or her right to a speedy trial.
• The defendant agrees to comply with treatment as a condition of diversion.
• The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety if treated in the community.

Individuals who are interested in this pre-plea program should have their attorney request Mental Health Diversion (MHDC) at their court hearing. The court will request a screening for the program and a judge will make determination if an individual meets the criteria. 

The provider of the mental health treatment program in which the defendant has been placed shall provide regular reports to the court, the defense, and the prosecutor on the defendant’s progress in treatment.

Defendants are allowed to undergo treatment in MHDC for no more than two years.

The court will request a screening for the program and a judge will make determination if an individual meets the criteria.

At the end of diversion, the court may dismiss the defendant’s criminal charges that were the subject of the criminal proceedings at the time of the initial diversion if: the defendant has performed satisfactorily if the defendant has substantially complied with the requirements of diversion, has avoided significant new violations of law unrelated to the defendant’s mental health condition, and has a plan in place for long-term mental health care.

Murder, voluntary manslaughter, rape, assault with intent to commit rape, sodomy, or oral copulation, commission of rape or sexual penetration in concert with another person, lewd or lascivious act on a child under 14 years of age and/or continuous sexual abuse of a child.