For a Sonoma County case, the optional CR-007 application must include supporting mental-health records, a signed release of information, and proof that the application was served on both the District Attorney and Sonoma County Behavioral Health (SCBH). The court first screens eligibility; that is different from a later SCBH suitability assessment and a judge’s decision to grant diversion. Check the county’s current instructions before filing because the process and form can change. (Sonoma local forms and filing; CR-007 application; June 2026 workflow)
Prepare the application and supporting record
The county’s CR-007 asks for information about the case, a qualifying recent diagnosis or mental-health treatment within the past five years by a qualified expert, the condition’s alleged connection to the offense, a release of information, and competency status. Gather the relevant clinical records with counsel. The county guide directs applicants to list their current psychiatrist’s or therapist’s contact information in the release’s “other” section. CR-007 is optional; statutory eligibility still must be established. (CR-007 application; June 2026 workflow; Penal Code § 1001.36)
Follow the local filing and service steps
The June 2026 Sonoma workflow says a self-represented applicant files in person, while counsel files electronically. It requires supporting documents, the signed release, and proof of service on both the District Attorney and SCBH; omissions lead to rejection. Filing with the court does not itself serve either recipient. Keep the filed copy, proof of service, and any clerk notice together. Confirm the filing location using the court’s current instructions. (Sonoma June 2026 workflow; Sonoma local forms and filing)
Eligibility is not suitability or a grant
The first review asks whether statutory eligibility is established. Once the qualifying diagnosis is shown, section 1001.36 presumes that the disorder was a significant factor in the charged offense unless clear and convincing evidence shows it was not a motivating, causal, or contributing factor. The statute also contains offense-specific exclusions. A positive initial screen does not establish suitability or guarantee diversion. (Penal Code § 1001.36)
If the matter is referred for assessment, SCBH evaluates suitability. The county guide allows 10 calendar days to provide assessment information but does not clearly identify the clock’s starting event. Confirm the start date and due date with SCBH. Before diversion is granted, the guide requires a treatment-provider agreement, with specified Kaiser records accepted instead. The judge must still decide whether diversion is appropriate under section 1001.36. A sample order’s checkboxes, conditions, or duration are not automatically imposed in every case. (Penal Code § 1001.36; Sonoma June 2026 workflow; Sonoma court order form)
A separate path applies if the court has found the person incompetent to stand trial. The county guide says a separate application is not required after the court makes the relevant interest-of-justice determination. Do not assume the ordinary application sequence applies to that posture; confirm the court’s actual findings and next steps with counsel. (Sonoma June 2026 workflow)
The Law Offices of David S. Chesley represents people facing California criminal charges. Call (800) 755-5174 to discuss a Sonoma County case and diversion screening.