People v. Hawkins CA3

BACKGROUND

In March 2023, law enforcement found Hawkins in possession of 26.73 grams of cocaine and 331 fentanyl pills. The People charged Hawkins with possession of cocaine and fentanyl for the purpose of sale (Health & Saf. Code, § 11351). Hawkins pled not guilty and filed a request for pretrial mental health diversion pursuant to section 1001.36. The People opposed the request. In support of his request, Hawkins included main jail mental health assessments conducted in June 2023, which indicated Hawkins suffered from adjustment disorder with mixed anxiety and depressed mood. Hawkins reported that his cousin had recently been killed in a car accident; he also recently lost his brother and another cousin. He was having trouble sleeping and thought maybe “God” was sending him a message to “ ‘clean up’ ” his life. The treatment plan identified Hawkins’ target symptoms as “[l]ow mood, grief, and trouble sleeping.” The goals were to “[m]aintain safety [and] improve mood.” Hawkins also relied on a crisis assessment conducted in August 2023. Hawkins reported to the provider that he was having “flashbacks, nightmares, crying spells, [and] intrusive thoughts about past trauma.” Hawkins…