Mental Health Diversion

As outlined in California Penal Code Sections 1001.35 and 1001.36, MHD seeks to provide pretrial diversion that meets the unique mental health treatment and support needs of individuals with mental health diagnoses and allows for local discretion and flexibility in its implementation. In San Francisco County, participants who are granted MHD may be followed in Department 15 or in a different collaborative court that best meets their needs. The period of diversion may last no longer than one year for a misdemeanor charge or two years for a felony charge.

Procedural Guidance & Resources

• MHD Local Procedures (CURRENT DRAFT – January 2026)
• MHD for Out-of-Custody Defendants: A Guide for Defense Attorneys (San Francisco Department of Public Health)
• MHD in Young Adult Court (YAC) Pilot Guidelines – October 2025
• Mental Health and Substance Use Disorder Provider Directories (San Francisco Department of Public Health)
• MHD Peer Navigator Referral Form (Mental Health Association of San Francisco)
• MHD Firearm Relinquishment Instructions (Penal Code §1001.36(m))

Templates for Providers

While these templates are not required, they provide examples of the information that is statutorily required by the court to determine an individual's eligibility, suitability and progress in MHD.

• Step One: MHD Eligibility Report Template - Documentation of an eligible DSM-5 diagnosis in the last five years by a qualified mental health professional
• Step Two: MHD Suitability & Treatment Plan Template - Documentation of an individual's suitability for MHD and a comprehensive treatment plan that meets the specialized mental health treatment needs of the individual
• Progress Report Template – Fillable - Once an individual has been accepted into MHD, progress reports should address each element of their treatment plan