WOODLAND, Calif. — A Yolo County Superior Court judge granted a motion for mental health diversion Friday, rejecting prosecution arguments that the absence of an immediate treatment placement made the plan insufficient, and finding the accused suitable and eligible for diversion.
Judge David Rosenberg approved the diversion during a hearing despite Deputy District Attorney Adrienne Chin-Perez’s contention that there was a “lack of plan” for treatment because the accused remains on a waitlist for recommended therapy.
Deputy Public Defender Erin Dacayanan further stated that “the level of care that (the accused) requires exceeds the amount of supervision that the court can provide.”
The defense reported that the accused, facing assault charges, is a daily cannabis user and said that use could “affect the effectiveness of his antipsychotic medication,” arguing this was a reason the court could not provide a fully secure treatment plan because the issue was “not addressing” the medication’s negative implications.
The defense also emphasized that the accused’s last criminal conviction was 18 years ago. The accused completed an assessment with North American Mental Health and was recommended therapy, for which they are currently on a waitlist.
Deputy District Attorney Chin-Perez countered that the people’s concern centered on the security and legitimacy of the treatment plan. Chin-Perez stated that “we don’t even have his treatment for mental health therapy in line at this time, because there is a waitlist,” and noted that the accused had not undergone an American Society of Addiction Medicine assessment.
Despite the defense’s concerns about the lack of mental health care received to date, Chin-Perez continued by stating that the court does not have the accused’s treatment in place and that there is no “sufficient” plan to meet his mental health needs. Chin-Perez also pointed to the accused’s cannabis use.
Despite the prosecution’s resistance to mental health diversion, which the defense argued would ensure access to necessary treatment and rehabilitation, Rosenberg granted the motion, finding the accused suitable and eligible notwithstanding claims of a lack of a “secure” treatment plan.
A review hearing for the mental health diversion is set for Feb. 6 at 9 a.m.
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