This article is part of a series of explainers about how the developmental services system of care overlaps with the criminal-legal system. See Porterville Developmental Center Q&A for the first post in this series.

You can learn about diversion in this RULA section as well.

What is Regional Center Diversion?

Diversion is a set of programs that allows someone charged with a crime to avoid jail time and a criminal conviction by participating in treatment and education related to the issues underlying the initial arrest. This means that the person charged with a crime can go through the program to earn a dismissal of the charges rather than stand trial and be sentenced. If you successfully complete a diversion program, your charges will be dismissed. But if you do not successfully complete the program, the court can restart the criminal proceedings.

California has many types of diversion including mental health diversion, veteran’s diversion, and drug diversion to name just a few. Regional Center Diversion is a type of diversion. 

Who qualifies for Regional Center Diversion?

You are eligible for Regional Center Diversion if:

• You have a developmental disability
• You are eligible for Regional Center services
• Your crime is a misdemeanor or felony, but not certain serious felonies.
• You have not received Regional Center Diversion in the last two years.

(Pen. Code, § 1001.21.)

How do you start the Regional Center Diversion process?

Usually, the process for Regional Center Diversion starts when your defense attorney brings it up. 

Because diversion is so important, the judge can also bring up diversion, even if no one remembers to ask. 

Either the judge or the defense attorney can bring up diversion at any point in the criminal process.

When the judge orders Regional Center Diversion, the Regional Center has 25 work days to respond to the court. The Regional Center response must include:

• A determination of whether the person is eligible for Regional Center services
• A proposed diversion plan for the judge to consider. 

(Pen. Code, § 1001.22.)

I think I may qualify for Regional Center Diversion, but no one has brought it up to me. What can I do?

Talk to your defense attorney about Regional Center Diversion. Tell them if you are a Regional Center client or may be eligible to be a Regional Center client and need help in the eligibility process.

Who is responsible for creating and carrying out a Regional Center Diversion plan?

The Regional Center is responsible for creating the diversion plan. The Regional Center then submits it to the Probation Department and the court. The judge has the authority to approve the program based on input from the Probation Department, the Prosecutor, and the defendant. Once approved by the court, the Regional Center must secure and coordinate the services in the diversion plan. 

Under the Lanterman Act, the Regional Center’s responsibility in the criminal-legal system is to help people avoid institutionalization. Therefore, the Regional Center should develop and carry out an appropriate diversion plan. It is not the Regional Center’s role to assess whether an individual who is already deemed eligible for Regional Center services is a good candidate for diversion.

(Pen. Code, § 1001.22.)

What services are included in a Regional Center Diversion program?

The services have to include treatment related to the criminal offense charged (Pen. Code, § 1001.22). This could include, but is not limited to:

• Anger management classes;
• Therapy for substance use disorder or a mental health condition;
• Sex education;
• Crisis intervention services.

However, the diversion plan is not limited to treatment specific to the criminal offense. The plan should respond to specific needs detailed in your Individual Program Plan (IPP) through the Regional Center. (Welf. & Inst. Code, § 4646.) 

Other services that can be in a diversion plan include, but are not limited to:

• Supported Living Services (SLS)
• Independent Living Services (ILS)
• Personal Assistance (PA)
• Supported Employment
• Housing Access Services

The services ordered in a diversion plan override what the Regional Center may have previously provided because the judge can order services in the diversion plan, and the Regional Center must follow the judge’s orders. (Pen. Code, § 1001.34.)

Can I have input for the services in my diversion plan?

Even though the Regional Center must develop the diversion plan, it is based on your individualized program plan (IPP). (Pen. Code, §§ 1001.20 (f), (g); 1001.22 (a).) 

You are entitled to ask for an emergency IPP meeting and can ask for any other type of service and support for a need that you are entitled to receive under the Lanterman Act. (Welf. & Inst. Code, § 4646.5 (b).) If you have an attorney, you can ask your attorney to help you in that meeting to make sure what is said does not hurt your criminal case.

There are a lot of resources about what an IPP is, how to prepare for an IPP, and specific services that might be helpful to keep you in the community:

• Chapter 4: Individual Program Plans
• Chapter 7: Community Living Arrangements for Adults
• Chapter 8: How to Stay Out of an Institution 
• Chapter 9: Community Participation, Work, Day and Leisure Activities
• Supplement C: Services and Supports Provided by Regional Centers
• Supplement F: Services and Supports for People with Cognitive Disabilities
• Supplement H: How to Get Regional Center Services through Your IPP
• Supplement I: IPP Meeting Planner

How long is Regional Center Diversion?

The program can last up to two years. The court monitors diversion by requiring reports every six months. (Pen. Code, § 1001.28.) At the end of the two years, your charges can be dismissed. (Pen. Code, § 1001.31.) But if at any time during the case, the court does not feel that you met the terms of the diversion plan, then the criminal case can be resumed. (Pen. Code, § 1001.29.)

What are the different types of Regional Center Diversion?

There are two types of Regional Center Diversion.

• Single-agency diversion is the process described above where the Regional Center creates and monitors the diversion plan. (Pen. Code, § 1001.20, subd. (g).)
• Dual-agency diversion involves both the Regional Center and the Probation Department. The diversion plan is jointly overseen by both entities. (Pen. Code, § 1001.20, subd. (f).)

What if the person might have a developmental disability but is not already a Regional Center client? 

If you might have a developmental disability, you can be referred to the Regional Center for an eligibility assessment by anyone at any time. This eligibility assessment evaluates whether you meet Lanterman Act eligibility. Usually, the Regional Center has 120 days after the initial 15-day intake to determine eligibility. (Welf. & Inst. Code, § 4643(a)). In cases where there is a great risk you would be placed in a more restrictive setting, the regional center only has 60 days to complete the process.

If the judge or the defense attorney suspects that you may have a developmental disability, the court can order that you be referred to the Regional Center for an eligibility determination. If you are already in the criminal-legal system, and therefore institutionalized, the Penal Code requires a shorter timeframe. This is because the Penal Code supersedes the Welfare and Institutions Code. Penal Code section 1001.21 only gives the Regional Center 25 work days to both make an eligibility determination and develop a diversion plan. The Regional Center’s eligibility assessment cannot include whether they think you are a good diversion candidate.

What offenses is Regional Center Diversion available for?

Regional Center Diversion can be used in almost all misdemeanor or felony cases. (Pen. Code, § 1001.21, subd. (b) [excluding murder, voluntary manslaughter, some sex offenses, and crimes relating to weapons of mass destruction].)