Does Section 1001.36 of the California Mental Health Act exclude a defendant who poses an unreasonable risk of danger to public safety from eligibility for mental health diversion?

California, United States of America


The following excerpt is from People v. Oneal, 279 Cal.Rptr.3d 142, 64 Cal.App.5th 581 (Cal. App. 2021):

Section 1001.36 excludes from eligibility for mental health diversion a defendant who poses an unreasonable risk of danger to public safety, as defined in section 1170.18. ( 1001.36, subd. (b)(1)(F).) Section 1170.18 defines "unreasonable risk of danger to public safety" to mean "an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667." ( 1170.18, subd. (c).) "The cited subdivision of section 667 identifies eight types of particularly serious or violent felonies, known colloquially as super strikes. " ( People v. Valencia (2017) 3 Cal.5th 347, 351, 220 Cal.Rptr.3d 230, 397 P.3d 936.)

Other Questions


Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (California, United States of America)
How does section 2970 of the California Mental Health Act apply when a defendant is committed to a long-term mental health commitment? (California, United States of America)
Does Section 1001.36 of the California Mental Health Act apply to a defendant's mental health? (California, United States of America)
What is the test for "unreasonable risk of danger to public safety" under section 1170.18 of the California Criminal Code? (California, United States of America)
What is the test for determining whether a defendant is dangerous to public safety under section 1170.126 of the California Criminal Code? (California, United States of America)
Is section 1170.18, subdivision (c) of the California Criminal Code an "unreasonable risk of danger to public safety" in relation to violent felonies? (California, United States of America)
What is the effect of section 27706(a) of the California Criminal Code on the appointment of a public defender to defend a defendant in an appeal from a misdemeanor conviction? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does section 28 and 29 of the Mental Health Act prohibit a defendant from presenting evidence in support of his mental state defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.