When treatment will be administered outside San Luis Obispo County Behavioral Health, Department 10 requires a proposed plan prepared by the treatment provider before it will hear the diversion motion. The plan is separate from the expert report and must address the needs that report identifies. The local process follows a preliminary eligibility screen by the assigned trial court. Department 10 mental-health-diversion guideline

What the outside-provider plan should cover

The provider should address each of these requirements:

  • Identify the treatment organization, if any, and responsible individual, including credentials.
  • Address every treatment need identified by the expert. Each proposed provider must prepare a plan for the services that provider will deliver.
  • Describe the treatment components, such as therapy, counseling, medication monitoring or case management, that meet those needs.
  • State treatment frequency. If testing is proposed, specify substances, frequency, whether testing is random, and whether it is observed.
  • Describe current progress if the person is already enrolled.
  • Commit to reports through defense counsel for court and prosecutor review, including attendance, missed appointments, positive or diluted tests, relapses, and other noncompliance.

File and serve the proposed plan before the hearing. The guideline also requires a properly noticed motion with an expert report and County Behavioral Health and Probation screening. Department 10 guideline

The court’s posted proposed order provides for an approved plan to be attached to the conditions-of-release order and for provider reporting. It is a template, not an order in an individual case. Check the signed order for the actual conditions and reporting schedule. SLO proposed outside-provider release-order form

Does county unavailability disqualify someone?

No. Penal Code section 1001.36 provides for an individualized eligibility and suitability decision, including whether an appropriate program can meet the person’s specialized treatment needs and whether the proposed provider can deliver it. A declaration that the county agency is unable to serve the person, by itself, does not establish that the person is unqualified or unsuitable. Penal Code section 1001.36 The court still decides the motion; submitting a plan or paying a private provider does not guarantee diversion.

The posted release template includes a firearm condition. For the diversion-specific prohibition in section 1001.36(m), the prosecution must request it and prove by clear and convincing evidence both a significant danger of personal injury from firearm possession and that the restriction is necessary because less restrictive alternatives failed or are inadequate or inappropriate. Counsel should compare the proposed terms with current law and the actual order. Penal Code section 1001.36(m)

Before the hearing, confirm that each provider has supplied a complete plan and that counsel has the proposed release order to which an approved plan will be attached. Use the court’s current Department 10 posting and the individual hearing notice for submission instructions. SLO Department 10 assignments and current postings

For help assessing a California criminal case, contact the Law Offices of David S. Chesley at (800) 755-5174.