California developmental-disability diversion can apply to qualifying misdemeanor and felony cases. Penal Code section 1001.21 requires evaluation by a regional center and eligibility for its services; a diagnosis alone does not establish admission. The court also reviews the charged offense, statutory exclusions and a proposed individual program. This procedure has different requirements from general mental-health diversion or a competency hearing.
Regional-center eligibility is the starting point
Section 1001.21(a) describes a person evaluated by a regional center, determined to have a developmental disability and “eligible for its services.” That short excerpt does not make a private medical label a substitute for the required determination.
The relevant Welfare and Institutions Code section 4512 definition includes requirements concerning onset before age 18, expected indefinite duration and substantial disability. Counsel should review the actual regional-center decision and supporting records rather than diagnosing eligibility from a brief account of symptoms.
The Department of Developmental Services maintains an official regional-center directory. It helps identify the appropriate organization; contacting a listed center does not itself enroll someone in criminal diversion. If eligibility has not been evaluated, discuss with counsel how that process relates to the next court date.
Check the current charge and prior diversion history
Section 1001.21(b)–(c) covers misdemeanors and felonies but excludes specified current offenses. The list includes murder or voluntary manslaughter, rape, specified sexual offenses and certain weapons-of-mass-destruction violations. Its sex-registration exclusion has an express section 314 exception. The exact charge and subdivision matter; neither “all felonies qualify” nor “all serious felonies are excluded” accurately states this chapter’s list.
Diversion under this chapter within the two years before the present proceedings is another bar. Separate statutes can impose additional restrictions: Vehicle Code section 23640 restricts diversion in the specified DUI cases. Do not infer eligibility simply because a charge is absent from the section 1001.21 list.
Raise the issue with defense counsel before a plea or trial. This guide does not establish a right to reopen a completed conviction for diversion.
The application needs an individual program
Sections 1001.22 and 1001.23 govern consultation, evaluations, reports and the court’s decision. The procedure provides for appointed counsel when the person is unrepresented. The defendant’s consent and required speedy-trial waiver are part of the process.
The regional center, probation department and prosecutor have defined roles. Their information helps the court consider the relationship between the disability and alleged offense, the proposed services, history and the statutory public-safety standard. A prosecutor’s objection is relevant; it is not a universal substitute for the court’s decision under this chapter.
A program may use regional-center supervision alone or combine it with probation supervision. Bring existing eligibility records, evaluations, service plans and information about daily support needs. Counsel can identify which records are needed and how they should be submitted. Avoid sending an entire sensitive medical history through an ordinary contact form.
Completion, setbacks and records
Under the same statutory chapter, diversion lasts no more than two years, with progress reports at least every six months. Satisfactory performance leads to dismissal under section 1001.31. Increased supervision or resumed prosecution involves the chapter’s notice, hearing and applicable findings; a new allegation is not a reason to guess the outcome without reviewing the procedure.
Specified evaluation and program statements have statutory protections. These are not a promise that every communication is confidential. Disposition records and certain disclosure exceptions, including peace-officer applications, remain relevant after successful completion.
The Law Offices of David S. Chesley handles diversion matters. To review the charge, regional-center status and proposed individual plan, contact the firm or call (800) 755-5174.