People v. Spears CA2/6

DISCUSSION

Section 1001.36 Section 1001.36 authorizes mental health diversion for defendants who meet eligibility and suitability criteria. (Vaughn v. Superior Court (2024) 105 Cal.App.5th 124, 133 (Vaughn).) “Eligibility entails satisfaction of two prongs: (1) a defendant has

3 been diagnosed with a recognized mental health disorder, and (2) the disorder was ‘a significant factor in the commission of the charged offense.’” (Ibid.; § 1001.36, subd. (b)(2).) If eligibility is established, “the court must consider whether the defendant is suitable for pretrial diversion.” (§ 1001.36, subd. (c).) “A defendant is suitable if: (1) in the opinion of a qualified mental health expert, the defendant’s mental health disorder would respond to treatment; (2) the defendant consents to diversion and agrees to waive their speedy trial rights; (3) the defendant agrees to comply with treatment requirements; and (4) the defendant will not pose an ‘unreasonable risk of danger to public safety’ as defined in section 1170.18 if treated in the community.” (Vaughn, supra, 105 Cal.App.5th at p. 134; § 1001.36, subd. (c)(1)-(4).) Such a risk of danger “exists only if the evidence indicates it is likely…