Flareau

I.

INTRODUCTION

1 Penal Code section 1001.36 created a program of pretrial diversion for certain

criminal defendants diagnosed with mental health disorders. To be granted diversion, the

trial court must find that the defendant is both “eligible” and “suitable” for a diversion

program. (Id., subds. (b) & (c).) But, even if the trial court finds the defendant is eligible

and suitable for diversion, the trial court still has “residual” discretion to deny diversion.

(Id., subd. (a).)

The People charged petitioner, Adam Flareau, with various offenses arising from

an altercation he had with his sister. In response, Flareau filed a motion for a mental

health diversion (§ 1001.36), which the trial court denied.

Flareau now petitions this court for a writ of mandate directing the trial court to

vacate its order denying his motion for mental health diversion and reconsider his request

under his understanding of the appropriate legal standards. In Flareau’s petition, he

argues the trial court erroneously found that he was not eligible for diversion and denied

his request for diversion on that basis alone. In an informal response to the petition, real

party in interest, the…