No. An allegation does not automatically end diversion. It may trigger a noticed hearing, where the judge decides whether to reinstate the criminal case or modify treatment. The trigger depends on the conduct and evidence: an additional felony allegedly committed during diversion, an additional misdemeanor allegedly committed during diversion that reflects a propensity for violence, other criminal conduct that makes the person unsuitable, or a qualified mental-health expert’s opinion that treatment performance is unsatisfactory. (Penal Code § 1001.36(g).)

What happens at the hearing?

The statute requires notice to the defendant, defense counsel, and prosecutor, followed by a court hearing. The judge considers the qualifying allegation or treatment information and decides whether to reinstate criminal proceedings or modify the treatment plan. A new misdemeanor charge alone is not the listed trigger unless the alleged misdemeanor reflects a propensity for violence; a report of imperfect attendance is not automatically a qualified expert’s opinion of unsatisfactory performance. (Penal Code § 1001.36(g).)

The statute’s conservatorship referral route is narrow. It depends on the specified qualified expert finding of grave disability and the conditions in section 1001.36(g)(4)(B); it is not the ordinary consequence of a new charge or a treatment setback. (Penal Code § 1001.36(g)(4)(B).)

Separate program unavailability from unsuitability

Sometimes a county provider cannot offer the required service. The statute treats that provider-unavailability issue separately: the provider’s inability to provide treatment does not by itself establish that the person is ineligible or unsuitable. The court may need progress information from the qualified provider, and the actual reason services stopped matters. (Penal Code § 1001.36(f)(1)(A)(iii) and (f)(1)(B).)

If you receive a hearing notice, gather the diversion order, new charging documents, provider reports, attendance records, treatment plan, and communications explaining any interruption. Note what is alleged, when it supposedly happened, and whether the concern is criminal conduct, treatment progress, or a program’s inability to serve you. There is no universal local deadline or guaranteed treatment modification established by the statewide statute; follow the notice and ask counsel to address the facts before the hearing.

For a pending diversion matter, contact the Law Offices of David S. Chesley. Call (800) 755-5174, or review the California mental health diversion page.