WOODLAND, Calif. — A Yolo County Superior Court judge on Friday granted a mental health diversion motion despite objections from the prosecution, ruling that the accused was suitable and eligible even though treatment services are pending due to a waitlist.
Judge David Rosenberg issued the ruling during a hearing at the Superior Court of California in Yolo County, rejecting Deputy District Attorney Adrienne Chin-Perez’s argument that there was a “lack of plan” for the accused’s treatment because the recommended therapy was not immediately available.
Deputy Public Defender Erin Dacayanan continued the motion hearing by stating that “the level of care that (the accused) requires exceeds the amount of supervision that the court can provide.”
Facing assault charges, the defense reported that the accused is a daily cannabis user, which could “affect the effectiveness of his antipsychotic medication,” and argued that the court is “not addressing” this issue despite the negative implications for the medication the accused takes.
The defense also emphasized that the accused’s last criminal conviction was 18 years ago. The accused underwent an assessment by North American Mental Health and was recommended for therapy, for which they are currently on a waitlist.
Deputy District Attorney Chin-Perez countered that the people’s concern centered on the lack of security behind the proposed treatment plan. Chin-Perez stated, “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 the accused has received, Chin-Perez continued to argue that the court does not currently have the accused’s treatment in place and that there is no “sufficient” plan to meet the accused’s mental health needs. Chin-Perez also pointed to the accused’s cannabis use as a factor.
Despite the prosecution’s resistance to mental health diversion, which would ensure the accused received treatment aimed at rehabilitation, Judge Rosenberg granted the motion, finding the accused suitable and eligible despite claims that no “secure” treatment plan was in place.
A review hearing for the mental health diversion is scheduled for Feb. 6 at 9 a.m.
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