People v. J.M. (In re J.M.)

248 Cal. Rptr. 3d 191, 35 Cal. App. 5th 999
California Court of Appeal, 5th District·Decided May 31, 2019·No. A153296; A156093·Published·Cited by 10 cases

Opinion

Fujisaki, J.

*1003J.M., a minor, entered into a plea agreement, pursuant to which she admitted a felony charge of torture ( Pen. Code, § 206 ). The juvenile court declared J.M. a ward of the court pursuant to Welfare and Institutions Code section 6021 and committed her to the Department of Corrections and Rehabilitation, Division of Juvenile Justice (also Division of Juvenile Facilities; hereafter DJJ)2 for a maximum term of seven years, with credit for 206 days in custody. On appeal, J.M. contends the juvenile court did not make certain legally required findings and abused its discretion. J.M. also contends her admission was not voluntary and her counsel rendered ineffective assistance. Moreover, in supplemental briefing, J.M. argues the *193case should be remanded so that the juvenile court can determine whether to grant her a mental health diversion under Penal Code sections 1001.35 and 1001.36. In a consolidated petition for writ of habeas corpus, J.M. reiterates her claims of ineffective assistance of counsel and involuntary admission.

In the published portion of our opinion, we conclude the mental health diversion law does not apply to juveniles in delinquency proceedings. In the unpublished portion of our opinion, we order that the juvenile court's imposition of a registration fee for the appointment of counsel and the discretionary probation conditions be stricken from the December 4, 2017, disposition order. We also order that the prohibition against J.M. possessing a "weapon" until age 30 be amended to substitute "firearm" for "weapon," consistent with Penal Code section 29820, subdivision (b). The juvenile court is directed to amend its records in a manner consistent with this opinion and to forward copies of all such pertinent documents to the Director of DJJ (see post , part E). We also direct the trial court clerk to correct the date on the notice of appeal (see post , part A, fn. 3). In all other respects, we affirm the disposition order, without prejudice to J.M. raising the issue of additional post-disposition credits in the juvenile court (see post , part D), and we deny the petition for a writ of habeas corpus.

FACTUAL BACKGROUND **

*1004PROCEDURAL BACKGROUND ***

DISCUSSION

A.-F.

G. Pretrial Mental Health Diversion

After the conclusion of appellate briefing, J.M. requested, and we granted, leave to file a supplemental letter brief. In her supplemental briefing, J.M. argues the case should be remanded so that the juvenile court can determine whether to grant her a mental health diversion under Penal Code sections 1001.35 and 1001.36. For the reasons below, we conclude that the mental health diversion law does not apply to juveniles in delinquency proceedings, and that this does not violate equal protection.

1. Inapplicability of the Mental Health Diversion Law to Juveniles

Penal Code section 1001.35 specifies that the purpose of the mental health diversion law "is to promote all of the following: [¶] (a) Increased diversion of individuals with mental disorders to mitigate the individuals' entry and reentry into the criminal justice system while protecting public safety. [¶] (b) Allowing local discretion and flexibility for counties in the development and implementation of diversion for individuals with mental disorders across a continuum of care settings. [¶] (c) Providing diversion that meets the unique mental health and support needs of individuals with mental disorders."

Penal Code section 1001.36, subdivision (a), provides for discretionary "pretrial diversion" to a "defendant" suffering from certain mental illnesses who has been charged in an "accusatory pleading" with a misdemeanor or felony. "Pretrial diversion" is defined in relevant part as "the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment." (Id. , subd. (c).)

*194*1005In order for a defendant to qualify for diversion, the court must be satisfied that all the following requirements are met: the defendant suffers from a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders," including PTSD ( § 1001.36, subd. (b)(1)(A) ); the defendant's mental disorder was a significant factor in the commission of the charged offense, based on any relevant and credible evidence (id. , subd. (b)(1)(B)); in the opinion of a qualified mental health expert, the defendant's symptoms of the mental disorder motivating the criminal behavior would respond to mental health treatment (id. , subd. (b)(1)(C)); the defendant consents to diversion and agrees to comply with treatment (id. , subd. (b)(1)(D), (E)); and the defendant will not pose an "unreasonable risk of danger to public safety," as defined in section 1170.18, if treated in the community, based on the opinions of the district attorney, the defense, or a qualified mental health expert, the defendant's violence and criminal history, the current charged offense, and any other factors that the court deems appropriate (id. , subd. (b)(1)(F)).

After ensuring that the defendant meets the above requirements, a trial court may order the defendant into a diversion program for "no longer than two years." ( Pen. Code, § 1001.36, subd. (c)(3).) If the defendant performs satisfactorily in the program, the court must dismiss the underlying charges. (Id. , subd. (e).)

J.M. argues that the new law, as an ameliorative statute, applies retroactively to cases pending on appeal, and that she meets all six eligibility requirements. The People assert that the statute, which became effective June 27, 2018 (Stats. 2018, ch. 34, § 24)-after J.M.'s admission and the dispositional order-does not apply retroactively. The People further contend that the mental health diversion statute, by its terms, does not apply to juvenile cases, and that even if it did, J.M. has not demonstrated a prima facie case of her eligibility.

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People v. J.M. (In re J.M.), 248 Cal. Rptr. 3d 191, 35 Cal. App. 5th 999 (Cal. Ct. App. 2019).

248 Cal. Rptr. 3d 191 (People v. J.M. (In re J.M.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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