DSH Diversion and Community Restoration Programs

In recent years, California has seen a drastic increase in the referral to state hospitals of patients who are incompetent to stand trial. The state has also experienced a growing homeless population, which has a high prevalence of mental illness (and co-occurring substance use disorder issues).

Our Programs

• Diversion - Penal Code 1001.36 and Welfare and Institutions Code 4361 allows felony Incompetent to Stand Trial (IST) defendants to participate in intensive community-based mental health treatment in lieu of inpatient DSH competency restoration treatment.
  • Diversion Pilot FACT Sheet
  • Permanent Diversion and CBR Program Fact Sheet (being developed).
• Community Based Restoration -- A program through which felony IST defendants can receive competency restoration services in a community setting in lieu of an inpatient DSH setting.
  • Permanent Diversion and CBR Program Fact Sheet (currently being developed).
• Community Inpatient Facilities (CIFs) - These are programs that provide acute psychiatric treatment to DSH patients to facilitate psychiatric stabilization via administration of medication to support placement in a mental health diversion or other outpatient treatment program.
  • CIF Fact Sheet

Funding Opportunities

• DSH continues to expand the Diversion and Community Based Restoration Programs. As DSH phases out the Pilot Diversion Program and implements the permanent Diversion Program, California Counties have the opportunity to contract with DSH to serve this population. Interested counties may email us at DSHDiversion@dsh.ca.gov. A Letter of Intent is required.
• In addition to the Diversion Program contracts, the current funding opportunity includes Incompetent to Stand Trial Diversion and Community Based Restoration Infrastructure Project funding.
• The Request for Proposal, and details can be found here: https://buildingcaldsh.com
  Please submit specific questions to: DSHDiversion@dsh.ca.gov

Technical Assistance Schedule

DSH Diversion Team Office Hours
From 10:00 a.m-12:00 p.m on the 2^nd Friday of each month via Teams
To be added to the invitation list, please email request to: DSHDiversion@dsh.ca.gov

Technical Assistance Resources

Involuntary Medication Orders (IMO) Toolkit | View As Web Page

Psychopharmacology Training Series

The DSH Psychopharmacology Resource Network has recorded a series of webinar trainings for prescribers working in mental health diversion programs. The series consists of fifteen to twenty-five minute didactic presentations on prescribing practices for patients with serious mental illness who are participating in diversion programs.

For more information, please see the Psychopharmacology Training Series Flyer.

Webinar Videos

• November 2023 Diversion All County Meeting
  • November 2023 Diversion All County Meeting Slide Presentation
• DSH Diversion Academy 2021 - Day 1: Introduction
• DSH Diversion Academy 2021 - Day 2: Population
• DSH Diversion Academy 2021 - Day 3: Treatment
• DSH Diversion Academy 2021 - Day 4: Housing
• DSH Diversion Academy 2021 - Day 5: Risk Management
• Community Outreach and Communications to Gain Community Buy-In for Affordable Housing for Mental Health Diversion
• Approaches to Treatment Planning and Case Management for Mental Health Diversion
• Strategies for Addressing the Housing Needs of People in Mental Health Pre-Trial Diversion Programs
• DSH Diversion Eligibility
• Mental Health Diversion - Using the County Planning and Implementation Guide
• Collaborative Comprehensive Case Planning
• Webinar: Program Sustainability
• DSH Diversion Round 2 Funding Bidders Conference
• DSH Diversion Round 3 Funding Bidders Conference
• Risk Needs Responsivity with Dr. Sarah Desmarais
• Risk Assessment with Sarah Desmarais
• Risk Assessments 101 with Dr. Sean Evans
• Fairness and Bias in Risk Assessments

California Institute for Behavioral Health Solutions

• Behavioral Health Diversion Training Modules

Risk Assessments, Risk Needs Responsivity, and Forensic Training Resources:

• Supporting People with Serious Mental Illnesses and Reducing Their Risk of Contact with the Criminal Justice System: A Primer for Psychiatrists – Council of State Governments
• Screening and Assessment of Co-Occurring Disorders in the Criminal Justice System Webinar – Council of State Governments
• Understanding and Managing Risks for People with Behavioral Health Needs (FAQs for Local Prosecutors)

Collaborative Case Planning – Council of State Governments

• Website
• Webinar

County Q&A

• Initial County Questions/RFA Round 2
• Final County Questions/RFA Round 2

County Planning Guide

Sample program flowcharts

• Pre-Diversion
• Process & Agencies
• Days of Week

Incompetent to Stand Trial Diversion Program, Department of State Hospitals, Sept. 26, 2018

Council of State Governments Justice Center, California Mental Health Diversion Stakeholder Meeting, Sept. 26, 2018

Department Letters

For the latest Department Letters for Diversion and Growth Gap, click here.

Other Resources

Council of State Governments Justice Center

• Stepping Up Initiative Toolkit
• Criminal Justice Mental Health Learning Sites. New York: The Council of State Governments Justice Center, 2018
• Collaborative Case Planning:
   Tools
   Webinar
  

Judicial Council of CA

• Judicial Council of California, Pretrial Diversion Program, AB 1810 Implementation Webinar
• Judicial Council of California, “Serious Mental Health Disorders” webinar, Dec. 13, 2018
• Partnering with County Behavioral Health to Serve Justice Involved Populations Part 1
• Partnering with County Behavioral Health to Serve Justice Involved Populations Part 2
• Partnering with County Behavioral Health to Serve Justice Involved Populations Part 3
  

Council on Criminal Justice and Behavioral Health

Substance Abuse and Mental Health Services Administration

SAMHSA Evidence-Based Practices Resource Center

National Reentry Resource Center

Other Funding Resources:

• California Health Facilities Financing Authority
• California Homeless Coordinating and Financing Council
• Board of State and Community Corrections
• Department of Health Care Services
• Mental Health Services Oversight and Accountability Commission
  

Articles/Research

• County Planning Guide Appendix A – Council of State Governments
• We need to stop treating mentally ill people like criminals
• DSH partners with prestigious research center to evaluate mental health diversion
  

Frequently Asked Questions:

What is the DSH Diversion Program?

The DSH Diversion Program is a collaboration between DSH and county governments to develop or expand diversion programs for individuals with serious mental illness who face felony charges and could be determined to be Incompetent to Stand Trial (IST). The DSH Diversion Program provides funding to counties to support community mental health treatment and other services for these individuals.

Why is the program needed?

Some people who are Incompetent to Stand Trial committed felonies that stem from serious mental illness or being homeless. They have difficulty accessing mental health services and committing to treatment and often cycle through the criminal justice system. The goal of the DSH Diversion Program is to provide these individuals, when a judge deems it safe and appropriate to do so, with long-term community mental health treatment and other services and to avoid criminal charges and institutionalization.

Who is served by the program?

The DSH Diversion Program provides funding to counties to serve primarily individuals who are:

• Eligible for diversion under Penal Code Section 1001.35, et. Seq., Diversion of Individuals with Mental Disorders
• Diagnosed with schizophrenia, schizoaffective disorder or bipolar disorder;
• Charged with a felony;
• Not a significant safety risk if treated in the community.

In addition, there must be a significant link between the individual’s mental illness or homelessness and the crime they are charged with.

Who is not served by the program?

By law, individuals charged with the following felony crimes are not eligible for diversion:

• Rape, murder or involuntary manslaughter;
• Sexual abuse of a child or a lewd or lascivious act on a child;
• Assault with intent to commit rape, sodomy, or oral copulation.

How much funding is available?

The three-year program is funded for $100 million, of which $99.5 million is being awarded to counties. The remaining funds are for program support.

Which counties does the program serve?

The majority of funding - $91 million - for the three-year program is available for the 15 counties that refer the greatest number of ISTs to DSH: Alameda, Contra Costa, Fresno, Kern, Los Angeles, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, Santa Barbara, Santa Clara, Solano, Sonoma, Stanislaus. A smaller portion of the funding - $8.5 million - is available to other counties, too.

What must county governments do to participate in the program?

To receive funding, county diversion programs are expected to:

• Provide evidence-based community mental health treatment and wrap-around services.
• Serve individuals where there is a significant link between their serious mental illness or homelessness and the alleged felony crime and who do not present a significant safety risk if treated in the community.
• Reduce IST referrals to DSH by 20 percent to 30 percent.
• Contribute 20 percent of funds; small counties must contribute 10 percent.