WOODLAND, Calif. — A Yolo County Superior Court judge on Thursday kept an accused on mental health diversion despite probation officials reporting they can no longer supervise such cases, raising concerns about gaps in treatment access and oversight.
Deputy Public Defender Sarah MacDonald fought to keep an accused in mental health diversion following reports from probation during a review hearing Thursday afternoon in the Superior Court of Yolo County.
“Looks like probation has essentially [changed] policy,” DPD MacDonald said, explaining that the department is no longer supervising individuals on mental health diversion.
Mental health diversion is a pretrial program that allows individuals to receive treatment as opposed to facing immediate jail time or a criminal conviction.
A lack of resources was the leading cause for preventing the continuance of diversion, as described by Probation Officer Jeff Scorza.
This brings to light larger concerns for individuals set to remain on mental health diversion and directly threatens the accused’s continued participation, as explained by the DPD.
Probation Officer Scorza added that there would be no exceptions “at this time.”
In an attempt to keep the accused in diversion, DPD MacDonald cited California Penal Code section 1000.2(b), which highlights the intended flexibility of diversion programs.
She argued that the accused should continue on diversion even without probation involvement.
DPD MacDonald also referenced People v. Ormiston, a case in which the court clarified that diversion is legally distinct from bail or being released on one’s own recognizance (OR) with pretrial conditions, ultimately disagreeing with the DDA’s arguments and the relevance of PC §1000.2(b).
Ultimately, Judge Samuel McAdam stated that diversion, in this case, is about participation in treatment and rehabilitation while criminal proceedings are halted, rather than pretrial release supervision.
The DPD argued that diversion should be focused on treatment, not monitoring compliance, thereby strengthening her argument that the accused should remain on diversion even without probation supervision.
The accused had been enrolled in residential treatment under the GLOM (God’s Love Outreach Ministries Substance Abuse Programs, Inc.) program as part of his mental health diversion plan.
DPD MacDonald stated that the accused was administratively discharged from the residential program due to a roommate dispute, which was not a result of relapse, criminal behavior, or failure to comply with treatment.
She clarified that the accused’s discharge from the program was strictly a result of a housing conflict.
Following the discharge from the program, the accused was referred on the same day to Sacramento County for another residential treatment program.
He was placed on a waitlist, which would take approximately 10 days from the date of referral.
While awaiting a spot in a residential treatment program, the accused continued attending weekly Alcoholics Anonymous meetings.
DPD MacDonald shared that during this time, the accused was working on reengaging in a residential treatment program, as required by the court’s diversion program.
Judge Samuel McAdam kept the accused on mental health diversion, enforcing all treatment and reporting requirements despite probation’s inability to supervise him.
The accused must obey all laws, attend court as directed, enroll in a minimum 90-day residential substance abuse program, continue weekly AA meetings, and comply with protective orders.
OR conditions were incorporated into the diversion order, keeping the accused under court supervision even though probation cannot actively monitor him.
The court noted that any treatment issues must be reported to the accused’s attorney within 48 hours, and proof of AA attendance and residential enrollment must be provided.
The next review hearing is set for May 1, 2026, at 4:30 p.m., when the court will assess compliance and determine further steps.
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