WOODLAND, Calif. — A Yolo County judge granted mental health diversion over the objection of a deputy district attorney who argued against deferral, despite the defense presenting evidence of a court-appointed doctor’s diagnosis of mental illness.
Deputy District Attorney Aimee McLeod argued against mental health diversion, even as Deputy Public Defender James Ryan provided evidence that the accused had been diagnosed with a mental illness by a court-appointed doctor.
The accused was charged with felony assault with a firearm and discharging a firearm with gross negligence. They were digging in the trash can of the victims, and during the confrontation the accused injured one of the victims with the weapon.
Judge David Rosenberg stated that situations like this case are why California Penal Code section 1003.6 was created. He said people with mental health disorders who engage in criminal activity, excluding specific crimes, need additional support to be reintegrated into society.
He stated that prison does not have the infrastructure to care for people with mental illness.
According to the American Civil Liberties Union, incarcerating people with mental illness can exacerbate their conditions and risk the safety of other incarcerated people. Moreover, incarcerated individuals with a mental health diagnosis experience abuse at higher levels.
California Legislative Information states that Penal Code section 1003.6 aids people in developing coping skills, reintegrating into society and building a community of professionals who keep them accountable by ensuring people with mental health disorders do not fall into an incarceration system that is not suitable for their needs.
The ACLU describes the risk of incarcerating individuals with mental health needs: “Indeed, scholars and mental health practitioners have suggested that the combination of adverse jail and prison conditions and the lack of adequate and effective treatment resources may result in some prisoners with preexisting mental health conditions suffering an exacerbation of symptoms and even some otherwise healthy prisoners developing mental illness during their incarceration.”
Yolo County’s Restorative Justice Unit states that “a sentence doesn’t always meet all of the social, physical or psychological needs of the offender,” and that equitable justice is just as effective and has a great impact on the possibility of reintegration.
Penal Code section 1003.6 grants the court the ability to restrict and document the accused’s ability to obtain a firearm: “The prosecution may request an order from the court that the defendant be prohibited from owning or possessing a firearm until they successfully complete diversion because they are a danger to themselves or others pursuant to subdivision” (p.6). Deputy District Attorney McLeod had the ability to restrict the accused from legally obtaining a firearm, thereby reducing their risk to society.
Moreover, Deputy Public Defender Ryan argued that the accused reacted at such an extreme level because of untreated mental health conditions, including a diagnosis of untreated PTSD and other factors that impaired judgment. The accused did not commit the crime with motive or intention.
In deferring the accused to mental health treatment, they will be able to obtain employment, develop coping skills and build a support system to ensure they have the skills and tools to take care of themselves. Deputy District Attorney McLeod’s denial of deferral would mean denying a human being meaningful connections and the tools needed to take care of themselves.
Yolo County offers various diversion programs that include community support, such as Steps to Success: “This program provides a diversion option to adults with mental health and/or substance use disorders who are facing criminal charges related to their condition and are ready to engage in treatment.”
Despite arguments from the prosecution opposing treatment, Deputy Public Defender Ryan and Judge Rosenberg agreed to the maximum deferral period of two years. The accused is ready and willing to participate in treatment.
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