From a health care provider who, police say, deliberately drove his Telsa off a cliff along with his household inside, to a person accused of homicide whereas below the care of the court docket, there’s rising concern about who’s eligible to keep away from a felony conviction by collaborating in California’s Mental Health Diversion Court.
There are additionally many success tales and research that time to the potential for diminished recidivism amongst profitable psychological well being court docket candidates. However, critics fear that current adjustments to the regulation are permitting some defendants to misuse California’s lately expanded Mental Health Diversion Court program.
A CBS News California investigation discovered that there isn’t any dependable information to trace the state-wide success of the brand new Mental Health “Diversion” Courts. It’s additionally troublesome to find out who probably the most profitable program candidates are and the way lots of the “profitable” contributors re-offend after having their expenses dropped. The information we obtained from counties and the state was largely contradictory or incomplete.
Critics elevate two main issues:
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Public Safety: Judges have restricted discretion to disclaim somebody Diversion out of concern for public security. There have to be proof {that a} defendant will commit a “tremendous strike” (i.e., rape or homicide) throughout the two-year program interval to ensure that a choose to disclaim diversion resulting from public security issues.
Critics argue that future crimes are almost inconceivable to show and that the regulation must be amended to present judges extra discretion associated to public security issues.
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Accountability: State regulation now requires judges to routinely presume that almost any psychological sickness is expounded to just about any crime. Common disorders like ADAH, anorexia, marijuana dependency and erectile dysfunction are actually thought of eligible “psychological diseases” for folks accused of felony crimes, together with home violence, kidnapping and tried homicide.
Critics argue that this modification is permitting some defendants, whose problems might not have significant connections to crimes, to have their expenses dropped with out dealing with accountability for his or her crimes or offering justice for his or her victims.
Cesar: A Mental Health Court Success Story
Mental Health Treatment Court gave Cesar a “second probability in life.”
He’d been homeless for seven years when he was arrested for assault, excessive on meth laced with fentanyl.
“I spotted that I tousled and I might have harm someone. And it makes me really feel dangerous,” Cesar mentioned.
After being arrested and serving time in county jail, Cesar received the chance to take part in Sacramento County’s Mental Health Treatment Court.
Sacramento has been operating its psychological well being therapy court docket for over a decade. It was completely a post-conviction program for folks like Cesar who had already served time in jail.
Participants with a identified psychological sickness, that was a major issue of their crime, are eligible to have their conviction dismissed. They should full a 12-18 month post-conviction program, which the probation division supervises, and adjust to common drug assessments, psychological well being therapy and make common court docket appearances.
The court docket additionally connects defendants with assist companies through non-profits like Turning Point, which features a case employee to assist guarantee contributors make it to appointments. They may get free or sponsored housing and employment help.
Now that Cesar has efficiently accomplished this system, his conviction has been erased.
“I did not know one other life till I received arrested. And I give up (medication) chilly turkey (in jail),” mentioned Cesar throughout his commencement. “Now I’m sober. Now I see how an actual man feels.”
However, Not everyone seems to be as profitable as Cesar. California jail populations have decreased during the last decade, however each the quantity and proportion of inmates with psychological diseases have elevated, based on research from the Public Policy Institute of California.
Changes to Mental Health Diversion Programs
In 2019, Governor Jerry Brown created a brand new *Pretrial* Mental Health Diversion Court program.
Unlike Cesar’s program, which was post-conviction, the pretrial diversion monitor permits defendants to droop their prosecution and keep away from conviction altogether in the event that they full the 12 to 18-month therapy program.
But participation was initially restricted with fewer than 2,000 contributors in 2021 whereas a 2020 RAND study discovered that an estimated 61% of the Los Angeles County Jail psychological well being inhabitants might have been applicable candidates for diversion applications.
To increase entry and enhance participation, Governor Gavin Newsom signed a revised regulation, which took impact in 2023.
Under the expanded psychological well being division regulation, defendants now not must show their identified psychological sickness brought on them to commit against the law. The revised regulation now requires judges to routinely presume that almost any psychological sickness was the rationale for almost any crime, until the prosecution can show in any other case.
At least 41 counties now offer some model of grownup psychological well being courts and participation in statewide diversion applications has increased by nearly 150% in two years.
They’re not all success tales
“Folks that should not be in there, as a result of they do pose a risk to public security are getting admitted,” mentioned Rochelle Beardsley, Sacramento County’s Assistant Chief Deputy District Attorney.
Beardsley pointed to the instance of Fernando Jimenez. He was charged with violently attacking his neighbor following a disagreement. Court data reveal he cracked the girl’s orbital socket.
Jimenez was granted psychological well being diversion and whereas he was in this system he allegedly killed a person. He is now dealing with homicide expenses in Placer County.
Beardsley mentioned there’s little prosecutors or judges can do in the event that they really feel somebody, who’s technically eligible for diversion, is perhaps a threat to public security.
“I’ve to show that this explicit defendant goes to commit a brilliant strike offense throughout the two years,” Beardsley mentioned. “That’s inconceivable for me to have the ability to show.”
She additionally notes that common disorders like ADHD, anorexia, marijuana dependency and erectile dysfunction are thought of eligible “psychological diseases” for almost any crime.
For occasion, investigators say a Pasadena physician deliberately drove his Tesla off the cliff at Devil’s Slide in Pacifica along with his spouse and two younger youngsters inside. Because he says he suffers from despair, and since and his household survived, he is now asking for psychological well being diversion as an alternative of prosecution for tried homicide and baby abuse.
Murder and intercourse crimes aren’t eligible for psychological well being diversion. However, if a sufferer survives, tried homicide, kidnapping and home violence are eligible.
A invoice that would have made attempted murder ineligible for mental health diversion unanimously handed the Assembly Public Safety Committee this yr.
However, Assembly Apportions chair Buffy Wicks quietly killed the bill last month by holding it within the appropriations suspense file. Neither Wicks nor Assembly Appropriations workers responded to requests for remark.
Dirty Data
So how profitable are California’s Mental Health Diversion courts? Well that will depend on who you ask. Examples like Cesar and Jimenez are simply anecdotes with out dependable information.
In an effort to determine how profitable psychological well being courts are, CBS News California gathered information from county courts and DA’s workplaces throughout the state and in contrast the counties’ success fee information to the county success rates listed on the state’s dashboard.
The information was largely contradictory or incomplete. In some instances, the state cited a lot greater county success charges than the counties themselves.
The State Judicial Council acknowledged its information was incomplete, noting additional success-rate data may very well be accessible by July 2025.
Promising however dated information
A small-scale research of Sacramento’s Mental Health Treatment Court – earlier than the brand new pretrial diversion system monitor – discovered graduates like Cesar who received therapy after serving jail time had been 25% much less more likely to be arrested and 75% much less more likely to be hospitalized.
Sacramento County was used as a case study by the state when making a mannequin for efficiently implementing Mental Health Diversion courts in 2019.
Sacramento was one of many few counties that offered CBS News with information that was pretty in step with the state’s information. It confirmed a 66% Mental Health Diversion Court commencement fee over the previous three years.
A unique view of success
After presiding over psychological well being court docket for over a decade, Sacramento County Judge Larry Brown has a distinct view of success.
“It’s success the second we join them to a psychological well being supplier. It’s a hit after we get them on treatment whereas they’re in jail,” Judge Brown mentioned.
He says he sees roughly 200 folks every week, whom he will get to know by means of common check-ins.
“When some graduate like Cesar,” he mentioned, “We’re actually going to overlook him. He’s a delight. And he is been a gentleman. That’s what’s nice about this job,” he mentioned.
But with out higher statewide information, to point out what’s working and what’s not, Judge Brown’s court docket and Cesar are merely anecdotes with nice potential.
