Behavioral Health Education and Resources

This page helps people understand how criminal justice and mental health are connected. It also gives information to help courts better serve people who use them. The page is for judges, court workers, and people who work with the justice system in California. 

Incompetent to Stand Trial Project

The Judicial Council launched a project with support from the California Department of State Hospitals to enhance the quality of forensic evaluator reports in adult competence to stand trial proceedings through evaluator training. This project is developing and implementing strategies to increase the statewide pool of qualified forensic evaluators and is assisting courts in identifying and scheduling evaluators. 

Incompetent to Stand Trial Fact Sheet

AB 1810 Mental Health Diversion

Assembly Bill 1810 lets judges give people with mental health problems a chance to receive treatment instead of going to court for both small crimes (misdemeanors) and serious crimes (felonies). It also changed the rules so that if someone cannot understand what is happening in court, the judge can let them get help for their mental health instead of having a trial. 

Mental Health Diversion Data

The Judicial Council of California works with trial courts to collect information about mental health diversion that is allowed under Penal Code § 1001.36. You can find this information in the Mental Health Diversion Data Summary Report.

Pretrial Mental Health Diversion

The charts below show information California trial courts shared with the Judicial Council. A rule from the 2019 Budget Act says courts must report how many requests for mental health help, called "mental health diversion" under Penal Code § 1001.36, were approved. 

Starting on January 1, 2020, courts began reporting this data, and some courts even sent in information from 2019. The charts show details about mental health diversion programs by county and by the type of case. When requests were denied, the charts also show if it was because the person did not meet the rules for getting help or for some other reason. 

Source: Quarterly petition data reported to Criminal Justice Services, Judicial Council of California, pursuant to Supplemental Report of the 2019-20 Budget Act Item 0250-001-0001 

Implementation

Behavioral Health Education Series: AB 1810 Implementation

This webinar discusses the basic eligibility requirements of the new mental health diversion law, the effect of legislative amendments, the procedural process, and strategies to implement the law effectively. The webinar also discusses how the collaborative court model can be used to implement the law and how the new law may impact existing collaborative courts.

Resources

Judicial Council Webinars

Adult Drug Court Standards Webinar Series

The Judicial Council of California partnered with drug court subject matter experts to create a 12 month “lunch box” series of live, interactive, on-line trainings that focused on each Adult Drug Court Best Practice Standard from All Rise, formerly the National Association of Drug Court Professionals (NADCP). See the Judicial Council YouTube Adult Drug Court Standards Webinar Series to watch.

Mental Health: Lived Experiences

This presentation explores how judges and courts staff can effectively address court users who have a mental illness. This webinar includes interviews of people involved in the justice system who have a mental illness sharing their court experiences and practical takeaways for improved court sessions.

Partnering with County Behavioral Health to Serve Justice-Involved Populations

This three-part webinar discusses the services that county behavioral health agencies provide, including the different treatment options, levels of care, and types of treatment providers. 

Serious Mental Health Disorders

This webinar defines ‘serious mental health disorder’, and discusses common diagnoses in the criminal justice system, symptoms of these disorders, and effective treatments.

External Webinars

Adult Drug Court Standards Webinar Series
A webinar series describing each of the National Association of Drug Court Professionals’ Adult Best Practice Standards Volume I and II.

Department of State Hospitals (DSH) Diversion Program Webinars
A California state agency that provides technical assistance on DSH diversion eligibility and risk assessments

Developing a Mental Health Court: An Interdisciplinary Curriculum
The Council of State Governments Justice Center

Improving Cultural Competency: Working with People in the Criminal Justice System Who Have Mental Illnesses
The Council of State Governments Justice Center

Publications

Effective Court Responses to Persons with Mental Disorders
Briefing from the National Center of State Courts (September 2018)

Fair Justice for Persons with Mental Illness: Improving the Court’s Response
National Center for State Courts practical guide for judges in responding to persons with mental illness

Judicial Bench Card: Practical Considerations Related to Release and Sentencing for Defendants Who Have Behavioral Health Needs. Judicial Bench card from the Judges and Psychiatrists Leadership Initiative

Principles of Community-based Behavioral Health Services for Justice-Involved Individuals: A Research-based Guide
Guide on using community-based behavioral health resources for the justice-involved populations

SAMHSA - Trauma-Informed Judicial Practice
Judicial information on the impact’s trauma on court users

National Judicial Task Force to Examine State Courts' Response to Mental Illness
A compendium of mental health resources by the National Center for State Courts

Organizations

Council on Criminal Justice and Behavioral Health
A California council that strives to end the criminalization of individuals who have a mental illness

All Rise
All Rise is the premier training, membership, and advocacy organization for the treatment court model.

Contact

Criminal Justice Services
415-865-8994
crimjusticeoffice@jud.ca.gov