Mental Health Diversion Can Be Available Even When Diagnosis Comes After the Crime
If you or a loved one is facing criminal charges in California and struggling with mental health issues, a recent appellate court decision could significantly impact your case. The ruling in People v. Harlow has clarified and expanded access to mental health diversion programs, potentially offering a path to treatment rather than incarceration for thousands of Californians.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
People v. Harlow
In 2020, the defendant was charged with assault with a deadly weapon and related enhancements. Three years later, in 2023, the defendant requested pretrial mental health diversion based on a diagnosis he received from a qualified mental health professional just two months before making his request. This diagnosis identified three mental health disorders that could have contributed to his alleged criminal behavior.
The trial court initially denied the request, reasoning that because his mental health diagnosis came three years after the offense, it couldn’t have played a significant role in the charged crime. However, the appellate court reversed this decision, delivering a victory not just for this defendant, but for all defendants across California who may be dealing with undiagnosed mental health conditions.
Understanding California’s Mental Health Diversion Program
California’s mental health diversion program, codified in Penal Code Section 1001.36, represents a progressive approach to criminal justice that recognizes the connection between untreated mental illness and criminal behavior. Rather than simply punishing individuals who commit crimes while struggling with mental health issues, the program offers an alternative path focused on treatment and rehabilitation.
Under this program, eligible defendants can have their criminal proceedings suspended while they participate in mental health treatment. If they successfully complete the program, their charges are dismissed entirely. This approach benefits not only the defendants, who receive needed treatment, but also society as a whole through reduced recidivism and more effective use of criminal justice resources.
Timing of the Diagnosis No Longer Matters
The Harlow decision clarifies a crucial point that had been creating confusion in trial courts across California. As amended effective January 2023, Section 1001.36 makes it significantly easier for defendants to establish threshold eligibility for mental health diversion. Defendants are now eligible for diversion if they have been diagnosed with a recognized mental disorder within the last five years – regardless of when that diagnosis occurred relative to the alleged crime. This means that a defendant who commits a crime in 2020 but doesn’t receive a mental health diagnosis until 2023 can still be eligible for mental health diversion, as long as the diagnosis falls within the five-year window and other statutory requirements are met.
How the Legal Standard Works
Under the amended law, once a defendant presents a qualifying mental health diagnosis made within the previous five years, the law creates a presumption that the diagnosed mental disorder was a significant factor in the commission of the charged crime.
This presumption can only be overcome by “clear and convincing evidence” that the mental disorder was not a motivating, causal, or contributing factor to the defendant’s involvement in the offense. This is a high standard of proof that places the burden on the prosecution to demonstrate that mental illness played no role in the alleged criminal behavior.
In the Harlow case, the court found that there was no clear and convincing evidence that the defendant’s diagnosed mental disorders were not a motivating factor in the offense. The timing of the diagnosis – three years after the crime – did not automatically disqualify him from consideration.
Why This Matters for Criminal Defendants
This ruling has profound implications for criminal defense in California. Many defendants who might have been denied mental health diversion due to the timing of their diagnosis now have a viable path to treatment-based resolution of their cases. Mental health conditions often go undiagnosed for years. Someone may struggle with depression, bipolar disorder, PTSD, or other conditions for extended periods before receiving professional diagnosis and treatment. The Harlow decision recognizes this reality. The ruling reinforces California’s commitment to addressing the root causes of criminal behavior rather than simply imposing punishment. By acknowledging that mental health diagnoses can be valid and relevant even when they come after alleged criminal conduct, the decision helps reduce the stigma associated with seeking mental health treatment.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.