Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL / CHAPTER 2.8A. Diversion of Individuals with Mental Disorders
California Codes

Cal. Penal Code § 1001.35 (2026)

Diversion of Individuals with Mental Disorders

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The purpose of this chapter is to promote all of the following:

(a)Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety.

(b)Allowing local discretion and flexibility for counties in the development and implementation of diversion for individuals with mental disorders across a continuum of care settings.

(c)Providing diversion that meets the unique mental health treatment and support needs of individuals with mental disorders.

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2019–2026 · leading case: People v. J.M. (In re J.M.), 35 Cal. App. 5th 999 (Cal. Ct. App. 2019).
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People v. J.M. (In re J.M.), 35 Cal. App. 5th 999 (Cal. Ct. App. 2019). · cites it 3× “Inapplicability of the Mental Health Diversion Law to Juveniles Penal Code section 1001.35 specifies that the purpose of the mental health diversion law "is to promote all of the following: [¶] (a) Increased diversion of individuals with mental disorders to mitigate the…”
People v. M.S. (In re M.S.), 32 Cal. App. 5th 1177 (Cal. Ct. App. 2019). “" ( Pen. Code, § 1001.35, subd. (a).) "Pretrial diversion" means "the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental…”
People v. Easter, 34 Cal. App. 5th 226 (Cal. Ct. App. 2019). “( Pen. Code § 1001.35 - 1001.36 ; Stats. 2018, ch.”
In re J.M., No. A153296 (Cal. Ct. App. May 31, 2019). · cites it 3× “Inapplicability of the Mental Health Diversion Law to Juveniles Penal Code section 1001.35 specifies that the purpose of the mental health diversion law “is to promote all of the following: [¶] (a) Increased diversion of individuals with mental disorders to mitigate the…”
In re M.S., No. B280998 (Cal. Ct. App. Mar. 11, 2019). “” (Pen. Code, § 1001.35, subd. (a).) “Pretrial diversion” means “the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental…”
In re M.S., No. B280998M (Cal. Ct. App. Apr. 3, 2019). “” (Pen. Code, § 1001.35, subd. (a).) “Pretrial diversion” means “the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental…”
People v. Easter, No. A148197 (Cal. Ct. App. Apr. 11, 2019). “(Pen. Code § 1001.35– 1001.36; Stats. 2018, ch.”
People v. Khan, 41 Cal. App. 5th 460 (Cal. Ct. App. 2019). “” (Pen. Code, § 1001.35, subd. (a).) Limiting the reach of Penal Code section 1001.”
Tellez v. Superior Court, 56 Cal. App. 5th 439 (Cal. Ct. App. 2020). “But if public policy concerns are going to resolve the conflict between the two statutes here, one must also discuss the public policy concerns underlying Vehicle Code section 23640.”
Moore v. Super. Ct., No. E074429 (Cal. Ct. App. Dec. 11, 2020). “” (Pen. Code, § 1001.35, subd. (a).) Moore argues that, “the policy of increasing diversion is best served” if DUI defendants who suffer from qualifying mental health disorders are eligible for pretrial mental health diversion.”
Stiavetti v. Clendenin, 65 Cal. App. 5th 691 (Cal. Ct. App. 2021). “, Pen. Code, §§ 1001.35, 1001.36; Welf. & Inst.”
People v. Lake, No. D078734 (Cal. Ct. App. Apr. 20, 2022). “(Pen. Code, §§ 1001.35, 1001.36, as enacted by Stats.”
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