California Mental Health Diversion Evaluations (Penal Code 1001.36)
Mental health diversion under Penal Code section 1001.36 offers eligible defendants a path toward treatment rather than traditional prosecution, but eligibility is only the starting point. Courts are also weighing whether diversion is the right outcome for this particular defendant — and that suitability question is where a well-supported evaluation carries the most weight.
What This Evaluation Addresses
The statute itself is narrowly focused on eligibility — whether the defendant has a qualifying mental disorder, whether that disorder was a significant factor in the offense, and whether the defendant would benefit from mental health treatment. But meeting those statutory prongs only means the door to diversion is open; it doesn't mean walking through it will actually benefit this particular defendant. That's why a thorough evaluation also addresses suitability: the defendant's likely response to treatment, their amenability to treatment more broadly, and whether they would pose an unreasonable risk of danger to public safety if treated in the community rather than through the traditional criminal process. A thorough violence risk assessment is a core part of this analysis, since the court's determination on unreasonable risk depends on it directly.
Evaluations are written to give the court — and both counsel — a clear, well-reasoned opinion that goes beyond confirming the statutory prongs, addressing whether diversion is genuinely likely to serve this defendant and the public.
Who I Work With
I accept referrals from both defense counsel and prosecutors, as well as court appointments, across California.
The Evaluation Process
Each evaluation includes a thorough review of relevant records (charging documents, prior mental health history, treatment records, and any prior evaluations), a clinical interview with the defendant, psychological testing where appropriate, and a malingering assessment, which is included as a standard part of nearly every evaluation. Collateral interviews are conducted when they would meaningfully inform the opinion, and a structured risk assessment is incorporated to support the analysis of unreasonable risk and public safety. These evaluations typically take 2–4 weeksto complete.
What You Receive
A thorough, well-organized written report that addresses both statutory eligibility and suitability for diversion
Availability for pre-report consultation to clarify the referral question or case context
Testimony if the matter proceeds to a contested diversion hearing
Rebuttal review of an opposing expert's evaluation, when appropriate
Why Attorneys Work With Me
I've been qualified as an expert witness in California courts and bring extensive experience conducting risk-focused evaluations across a wide range of criminal matters. Learn more about my background →
If you have a client who may be eligible for mental health diversion, I'm glad to discuss the referral — including the suitability considerations that will shape the court's decision — before you commit to a full evaluation.
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Want to learn more about mental health diversion and forensic evaluation in California? Visit my blog →