WOODLAND, Calif. — A Yolo County Superior Court judge granted mental health diversion over the objection of the prosecution in a felony firearm case, despite a deputy district attorney arguing the accused should not qualify for treatment under California Penal Code section 1003.6.
Deputy District Attorney Aimee McLeod argued against mental health diversion, despite Deputy Public Defender James Ryan providing ample evidence of the accused’s diagnosis of mental illness by a court-appointed doctor.
The accused was charged with felony assault with a firearm and discharging a firearm with gross negligence. They were digging in the trash can of the victims, and during the confrontation the accused injured one of the victims with a weapon.
Judge David Rosenberg stated situations like this case are why California Penal Code section 1003.6 was created. People with mental health disorders who engage in criminal activity, excluding specific crimes, need additional support to be reintegrated into society.
He stated prison does not have the infrastructure to care for people with mental illness.
According to the American Civil Liberties Union, incarcerating people with mental illness can exacerbate their conditions and risk the safety of other incarcerated people. Moreover, incarcerated individuals with a mental health diagnosis experience abuse at higher levels.
The ACLU describes the risk of incarcerating individuals with mental health needs: “Indeed, scholars and mental health practitioners have suggested that the combination of adverse jail and prison conditions and the lack of adequate and effective treatment resources may result in some prisoners with preexisting mental health conditions suffering an exacerbation of symptoms and even some otherwise healthy prisoners developing mental illness during their incarceration.”
California Legislative Information states PC §1003.6 aids people in developing coping skills, reintegration into society, with a community of professionals who keep them accountable by ensuring people with mental health disorders do not fall into the incarceration system that is not suitable for their needs.
Yolo County’s Restorative Justice Unit states that “a sentence doesn’t always meet all of the social, physical or psychological needs of the offender,” and equitable justice is just as effective and has a great impact on the possibility of reintegration.”
Penal Code §1003.6 grants the court the ability to restrict and document the accused’s ability to obtain a firearm. “The prosecution may request an order from the court that the defendant be prohibited from owning or possessing a firearm until they successfully complete diversion because they are a danger to themselves or others pursuant to subdivision” (p. 6).
McLeod had the ability to request that the accused be restricted from legally obtaining a firearm, thereby reducing their risk to society.
Moreover, Ryan argued that the accused reacted at such an extreme level because of untreated mental health conditions, including a diagnosis of untreated PTSD along with other factors that impaired judgment.
He said the accused did not commit the crime with a motive or intention.
In deferring the accused to mental health treatment, they will be able to obtain employment, coping skills and build a support system to ensure they have the skills and tools to take care of themselves. McLeod’s denial of deferral means denying a human being meaningful connections and the tools needed for self-care, according to the defense.
Yolo County offers various diversion programs that include the support of the community, such as Steps to Success. “This program provides a diversion option to adults with mental health and/or substance use disorders who are facing criminal charges related to their condition and are ready to engage in treatment.”
Despite arguments from the prosecution opposing treatment, Ryan and Judge Rosenberg agreed to the maximum amount of deferral of two years.
The accused is ready and willing to participate in the treatment.
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Categories: Breaking News Court Watch Northern California Court Watch Vanguard Court Watch Yolo County Tags: Criminal Justice Reform firearm restrictions Mental Health Diversion Penal Code 1003.6 Restorative Justice Yolo County Superior Court