Statutory Diversions

In addition to the programs offered by the City, the California legislature has created several diversion programs that may be granted by the Court.  Although prosecutor agreement is not required for most of these programs, City attorneys evaluate each defendant and offense on a case-by-case basis and agree to diversion where doing so serves the public interest and is in line with the City’s stated values.

Judicial Diversion

California Penal Code section 1001.95 authorizes the Judge in a misdemeanor case to grant diversion for up to 24 months in any case that does not involve allegations of domestic violence or stalking or would otherwise require the defendant to register as a sex offender. In practice, Judicial Diversion is typically granted in cases involving first-time offenders where there were no acts of violence or substantial financial loss.

When a defendant is placed on Judicial Diversion, the Judge orders the defendant to complete certain affirmative obligations, like completion of anger management or community service, along with staying away from the location of the offense and obeying all laws and orders of the Court. By successfully completing Judicial Diversion, an individual earns a dismissal of the criminal case filed against them.

RDP and Mental Health Diversion

California Penal Code section 1001.36 authorizes the Judge in a criminal case to grant diversion where a defendant has been diagnosed with a mental health disorder that was a significant factor in the commission of the underlying crime. Mental Health Diversion is not available to defendants charged with certain disqualifying offenses, including but not limited to murder/voluntary manslaughter, rape or child molestation, or possession of certain illegal weapons.

In the traditional Mental Health Diversion process, it might take a few months to gather the necessary information for the Judge to make a decision as to whether a defendant is eligible and suitable for diversion. The Rapid Diversion Program, or RDP, streamlines that process by facilitating in-court clinical evaluations and rapid treatment recommendations, reducing turnaround time to a few weeks. Unlike traditional Mental Health Diversion, RDP requires prosecutor agreement.

Under both RDP and traditional Mental Health Diversion, the Judge orders the defendant to comply with the recommended treatment plan, including taking prescribed medications, and complete certain other affirmative obligations, like self-help meetings or anger management, along with staying away from the location of the offense and obeying all laws and orders of the Court. By successfully completing Mental Health Diversion, an individual earns a dismissal of the criminal case filed against them.

More Info: Los Angeles County Rapid Diversion Program Evaluation: Successes and Opportunities for Enhancement | RAND – September 30, 2024

Regional Center Diversion and Military and Veteran Diversion

California Penal Code section 1001.21 authorizes the Judge in a criminal case to grant diversion where a defendant has been determined to be a person with a developmental disability by the regional center. Regional Center Diversion is not available to defendants who have been granted diversion in the prior two years or who are charged with certain disqualifying offenses, including but not limited to murder/voluntary manslaughter, rape or child molestation, or possession of certain illegal weapons.

California Penal Code section 1001.80 authorizes the Judge in a criminal case to grant diversion where a defendant is a current or former member of the military who, as a result of their military services, is suffering from trauma, PTSD, substance abuse, or a mental health disorder that was a significant factor in the commission of the offense. Military and Veteran Diversion is not available to defendants charged with certain disqualifying offenses, including but not limited to murder/voluntary manslaughter, rape or child molestation, or possession of certain illegal weapons.

Under both Regional Center Diversion and Military and Veteran Diversion, the Judge orders the defendant to comply with a recommended treatment plan, including taking prescribed medications, attending therapeutic counseling, and completing certain other affirmative obligations, like school or anger management, along with staying away from the location of the offense and obeying all laws and orders of the Court. By successfully completing diversion, an individual earns a dismissal of the criminal case filed against them.

 More info:

Regional Centers for the Developmentally Disabled - LA County Department of Mental Health

VA Greater Los Angeles Health Care - U.S. Dept. of Veterans Affairs