Mental Health Diversion Court

The Solano County Mental Health Court (“MHC”) program is a specialized court designed for individuals arrested in Solano County that have mental health issues, need treatment (and/or other services), and choose to agree to participate in the Court program instead of having their cases proceed in the regular court process. The MHC uses a team approach and is non-adversarial. That means the Court, District Attorney, your defense attorney, your case manager and your probation officer work together to provide you support and intervention. Once diverted, all Mental Health Diversion cases are assigned to the Mental Health Court Docket.

Eligibility Criteria

To be eligible for Mental Health Court (MHC) Potential Participant:

1. Must be a legal resident of Solano County;
2. Must be charged with a felony or misdemeanor for participation in MHC;
3. Must meet the Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnostic criteria for a serious mental illness and is experiencing severe functional impairment as a result of their illness;
   • Qualifying diagnoses (QD) include; Psychotic Disorder NOS, Schizophrenia, Schizoaffective Disorder, Major Depressive Disorder Recurrent with or without psychotic features, Bipolar Spectrum, Post-Traumatic Stress Disorder, and Borderline Personality Disorder;
   • Documented impairment in community functioning that includes consideration of sociocultural issues in one or more areas as a result of a mental health plan covered psychiatric diagnosis.
4. Must participate in a program with a licensed mental health service provider; and
5. Must agree voluntarily and willingly to participate.

A defendant or probationer is not eligible and is excluded from the MHC under the following circumstances:

1. Candidate has the following offenses:
   • Murder or voluntary manslaughter;
   • An offense for which a person, if convicted, would be required to register pursuant to section 290, except for a violation of section 314;
   • Rape;
   • Lewd or lascivious act on a child under 14 years of age;
   • Assault with intent to commit rape, sodomy, or oral copulation, in violation of section 220;
   • Commission of rape or sexual penetration in concert with another person, in violation of section 264.1;
   • Continuous sexual abuse of a child, in violation of section 288.5; and,
   • A violation of subdivision (b) or (c) of section 11418.

To be eligible for diversion, ALL of the following requirements must be met:

1. The court is satisfied that the defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder, borderline personality disorder, and pedophilia;
   • A qualified mental health expert opines “recent diagnosis” of the disorder;
2. The court is satisfied that the defendant’s mental disorder played a significant role in the commission of the charged offense;
3. In the opinion of a qualified mental health expert, the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment;
4. The defendant consents to diversion and waives the right to a speedy trial;
   • Exception to this requirement is when the defendant has actually been found incompetent and suitable for diversion under sections 1370, subdivision (a)(1)(B)(iv), or 1370.01, subdivision (a)(2). In such circumstances, the defendant is not competent to consent to diversion or waive the right to a speedy trial.
5. The defendant agrees to comply with treatment as a condition of diversion;
6. The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety, as defined in section 1170.18, if treated in the community; and,
7. The court is satisfied that the recommended inpatient or outpatient program of mental health treatment will meet the specialized mental health treatment needs of the defendant.

Offenses not eligible for Mental Health Diversion:

1. Murder or voluntary manslaughter;
2. An offense for which a person, if convicted, would be required to register pursuant to section 290, except for a violation of section 314;
3. Rape;
4. Lewd or lascivious act on a child under 14 years of age;
5. Assault with intent to commit rape, sodomy, or oral copulation, in violation of section 220;
6. Commission of rape or sexual penetration in concert with another person, in violation of section 264.1;
7. Continuous sexual abuse of a child, in violation of section 288.5; and,
8. A violation of subdivision (b) or (c) of section 11418.
9. Violation of VC 23152 (a) or (b) (driving under the influence).

It is the defendant’s burden to establish a Prima Facie Case for Mental Health Diversion (MHD) beyond a preponderance of the evidence. The defendant will carry the burden of proof and persuasion regarding eligibility and suitability for diversion.

Documents and Forms

Mental Health Diversion Procedural Guidelines

Mental Health Diversion Confidentiality Admonition

Mental Health Diversion Application – Public Defender

Mental Health Diversion Application – Alternate Public Defender

Mental Health Diversion Client Release of Information Form

Mental Health Diversion Treatment Plan Form

Mental Health Diversion Progress Report Form

Mental Health Diversion Release Of Medical Information Form – Kaiser

Mental Health Diversion Treatment Plan Form – Kaiser

Mental Health Diversion Progress Report Form – Kaiser

Solano County Probation Drug Testing Schedules

Effective July 29, 2019

Fairfield Office: 475 Union Ave for both male and female testing

Monday: 9:00 AM – 12:00 PM*
Tuesday: 1:30 PM – 6:30 PM*
Wednesday: 9:00 AM – 12:00 PM*
Thursday: 1:30 PM – 6:30 PM*
Friday: 9:00 AM – 12:00 PM*

Vallejo Office: 321 Tuolumne St. for both male and female testing

Monday: 1:30 PM – 5:00 PM*
Tuesday: 9:00 AM – 12:00 PM*
Wednesday: 1:30 PM – 5:00 PM*
Thursday: 9:00 AM – 12:00 PM*
Friday: 1:30 PM – 5:00 PM*

*Clients must check in 15 minutes prior to the end of testing in order to submit a testing sample

Visit

Commissioner Susan A. Rados, Department 21:

Law and Justice Center

530 Union Ave,
Fairfield CA 94533

Calendar heard: Every Tuesday in Courtroom 208: 2:30 PM

Honorable Dan J. Healy, Department 2:

Solano Justice Building

321 Tuolumne St,
Vallejo CA 94590

Calendar heard: 1st, 3rd and 4th Thursday in Courtroom 103: 1:30 PM

phone and visiting hours exclude court holidays | holiday schedule