A trial court may deny mental health diversion under Penal Code section 1001.36 when a defendant proposes returning to the same treatment program that previously failed to address his needs — even if the court frames its analysis in terms of treatment adequacy rather than the statutory suitability f
The Ninth Circuit reverses summary judgment for prison officials who denied a California prisoner prescription transitional lenses based on a blanket policy rather than individualized medical judgment, finding triable Eighth Amendment deliberate indifference issues.
The Second District holds that when a trial court finds a defendant eligible and suitable for mental-health diversion under Penal Code section 1001.36, requiring a no-contest plea as the price of receiving the same treatment via probation directly conflicts with the statute’s purpose.