California Legal Brief

The Rule of People v. Superior Court (Taylor) is that mental health diversion may not be granted when no evidence supports that the defendant will comply with treatment in the community, even where experts opine the defendant would not pose an unreasonable risk to public safety if treated, under circumstances where the defendant has a documented history of abandoning treatment facilities and refusing prescribed medication.

The Rule of Flareau is that a trial court abuses its residual discretion when denying mental health diversion based on finding that other factors were "more" motivating than the defendant's mental disorder, under circumstances where the defendant is eligible for diversion and the mental disorder was at least a contributing factor to the offense.