Criminal
Oct. 13, 2021
Moving for mental health diversion
A primer on Penal Code Section 1001.36, enacted in 2018, which permits a court to order pretrial diversion for clients with certain mental disorders.
David A. Katz
Katz & AssociatesEmail: katznassoc@aol.com
David was a law clerk for U.S. District Judge John Garrett Penn in Washington, D.C.; an assistant U.S. attorney in Los Angeles from 1983-90; and a criminal defense attorney in Beverly Hills since then.
Penal Code Section 1001.36, enacted in 2018, permits a court to order pretrial diversion for clients with certain mental disorders. It is retroactive, but only to defendants whose cases were not final on appeal on the date of enactment. People v. Frahs, 9 Cal. 5th 618 (2020). Defendants whose cases were final before mid-2018 cannot take advantage of the law. Clients who su...
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