SAN FRANCISCO, Calif. — On Thursday morning in San Francisco Superior Court, Judge Brian J. Stretch acknowledged that a man in custody qualifies for mental health diversion. But despite his eligibility, the accused remains incarcerated because no treatment bed is currently available.
The accused was present for a status hearing, where Deputy Public Defender Alexandra Stack said he had been approved for mental health diversion under Penal Code section 1001.36. She told the court that a social worker had already submitted a referral for him to be placed at a mental health inpatient facility.
Stack explained that the defense’s plan is for the accused to transition into treatment. She asked the court to consider releasing him to allow him to work with the social worker to secure his placement at the facility.
She also told the court that the accused is “very well connected to mental health services in the city” and that once he completes his programming, the expectation is that he will be released on mental health diversion.
Judge Stretch questioned whether the accused has a bed at the inpatient facility. Stack admitted that the referral is pending and space availability remains uncertain.
Judge Stretch called the accused’s plan “excellent,” but ruled that he must remain in custody until a placement is confirmed. He added that once a bed becomes available, he would like the accused to be escorted directly into the inpatient program rather than released while waiting.
The case was continued to next week for a status update. Judge Stretch said if a bed becomes available before the next scheduled court date, the defense may request to advance the hearing so the accused can be transferred sooner.
