For veterans and people with mental health conditions, Riverside Superior Court’s posted rules and forms describe three separate routes: Veterans Court, a post-conviction program under Penal Code section 1170.9; military diversion, a pretrial program under Penal Code section 1001.80 with its own request form and calendar; and a Mental Health Court that starts with a preliminary assessment. Each has its own entry steps, and none opens automatically when a case is filed. (Riverside Superior Court Local Rules, Title 4; form RI-CR052 and Standard 11; both fetched September 24, 2026.)

Veterans Court

Veterans Court supervises felony and misdemeanor cases of U.S. military veterans whose involvement with the justice system is tied to PTSD, traumatic brain injury, sexual trauma, substance abuse, or another mental health problem stemming from their service. Under Local Rule 4042, a defendant who wants to be evaluated must first complete the court’s Veterans Court Program Referral, form RI-CR012. The attorney completes the identification and eligibility sections, the veteran signs, and the form goes to the court’s Veterans Court contact by fax or email rather than being filed in the case. A VA Justice Outreach specialist contacts the veteran before the eligibility hearing, which the form says to calendar within 7 to 14 days of the referral, on a Friday at 8:30 a.m. The form lists Department 34, while the court’s Veterans Court information sheet (revised 2016) places the court in Department 31 at the Hall of Justice and its 2022 military diversion information sheet also refers to Department 31, so confirm the department on your notice. The 2016 sheet also has defense counsel consult the District Attorney’s Veterans Court liaison first for a preliminary nexus assessment. (Local Rule 4042; form RI-CR012; Veterans Court information sheet.)

The Veterans Court judge decides admission on the treatment team’s and liaisons’ recommendations, weighing mainly the likelihood of success and public safety. The information sheet says participants must plead guilty or agree to reinstatement of probation, be placed on formal probation, and commit to at least 18 months of intensive treatment (12 months for certain misdemeanors). Under the statute, if the court finds that a convicted defendant served in the military and may be suffering from a service-related condition the defendant says led to the offense, and the defendant is otherwise eligible for probation, that finding must count in favor of probation; with the defendant’s agreement, the court may then order treatment for no longer than the custody time the defendant would otherwise have served. After successful participation, a noticed public hearing can lead to early termination of probation, reduction of an eligible felony to a misdemeanor, or dismissal under Penal Code section 1203.4. (Veterans Court information sheet; Penal Code section 1170.9.)

Military diversion: a separate, earlier-stage track

Military diversion works before any plea instead of after a conviction. Riverside’s Standard 11 and its military diversion information sheet (both revised January 2022) describe themselves as practice guidance, not strict rules, and both limit eligibility to misdemeanor charges. The statute has also allowed certain felony charges since January 1, 2025, so if the charge is a felony, ask your attorney how the court is handling requests under the current version of Penal Code section 1001.80. (Form RI-CR052 and Standard 11; Penal Code section 1001.80.)

To start, the defendant files form RI-CR052, the Request for Military Diversion, as early as possible before the case is resolved. The court then vacates any hearing dates already set, puts the case on the military diversion calendar, and sends the request to the prosecutor with notice of the hearing. At least 15 calendar days before that hearing, the defense files and serves a motion with the factual basis for eligibility, proof of military service, an assessment of the defendant’s condition, and a proposed treatment plan; any prosecution response is due at least 5 calendar days before the hearing. A defendant whose motion and supporting papers are already assembled should ask for a hearing about three weeks out; otherwise the hearing is set roughly 60 to 90 days out. For a veteran, the assessment can come from a regional Veterans Center in Riverside, Hemet, or Indio, the VA Mental Health Access Clinic, or the VA Substance Abuse Recovery and Rehabilitation Treatment Program. Under Standard 11, the veteran bears the burden of showing eligibility. (Form RI-CR052 and Standard 11.)

If the court grants diversion, it lasts up to two years, with review hearings and a dismissal date set in advance. The standard treats military diversion as a one-time grant: a person previously admitted to any military diversion or Veterans Court program in California should not receive it again, and a person with a prior conviction for similar conduct is steered toward a post-conviction Veterans Court referral. Successful completion means the court dismisses the charges, and the statute says the arrest is deemed not to have occurred, with one carve-out: the Department of Justice may still report the arrest when someone applies to be a peace officer, and the applicant must disclose it if the application asks directly. (Form RI-CR052 and Standard 11; Penal Code section 1001.80.)

Mental Health Court intake

Riverside County Mental Health Court uses a preliminary assessment form (dated 2008) that asks which county mental health clinics or other facilities have treated the person, prescribed psychiatric medications and diagnosis, medical conditions, veteran status, education, income and benefits, and family contacts. Having those details ready helps counsel move the screening along; the form itself does not state the program’s admission rules. (Riverside County Mental Health Court preliminary assessment.) Statewide pretrial diversion for mental health conditions, under Penal Code section 1001.36, is a separate route with its own test: among other things, a qualified mental health expert must have diagnosed or treated the disorder within the past five years, and the defendant must agree to diversion and give up the right to a speedy trial. (Penal Code section 1001.36.)

Before you file anything

  • Match the route to the stage of the case. Military diversion and mental health diversion come before any plea; Veterans Court requires a guilty plea or an agreement to reinstate probation.
  • Do not wait to gather proof. A Veterans Center or VA assessment takes time to schedule, and the military diversion motion has to be served well before the hearing.

The Law Offices of David S. Chesley can review a Riverside County charge against these eligibility rules; the firm’s Riverside County criminal defense page addresses the underlying charge itself. Reach the firm at (800) 755-5174 to talk through which track, if any, fits your case.