Who is Entitled to Mental Diversion Programs in Texas?

 Posted on January 15, 2025 in Criminal Defense

A criminal conviction can have life-long consequences. Even once you have served your time, you could be denied educational, housing, employment, financial, and even romantic opportunities because of your criminal record. However, Texas does offer alternative sentencing and mental diversion programs under certain circumstances and for certain charges. If you are interested in possible alternative sentencing options, speak with a knowledgeable Texas criminal defense lawyer who can review your case and offer guidance.

What Are Mental Diversion Programs?

Mental diversion programs enable some defendants with mental health issues to avoid traditional criminal penalties. Instead of being sentenced to serve time in prison or jail, qualifying defendants have their cases processed in mental health courts, which focus more on rehabilitation than punishment. 

This alternative is significant for people whose impaired decision-making and criminal behavior might be linked to untreated mental illness. Since the focus of the criminal justice system remains on public safety, the idea is that if treating underlying mental health conditions can reduce the likelihood of future criminal behavior, society still benefits.

Who is Eligible for Mental Diversion Programs?

Mental diversion programs are not automatically available to all defendants who live with mental health conditions. The mental health diagnosis must have been determined prior to the offense.  Some of the key factors considered when determining eligibility include:

Mental Health Evaluation

A qualified mental health professional, such as a psychologist or psychiatrist, administers a mental health evaluation for the defendant. This determines whether the defendant has a diagnosable mental illness - bipolar disorder, PTSD, schizophrenia, and depression, for example - that could have contributed to the offense. 

Nature of the Offense

There are various diversion programs available, and each has its own eligibility requirements. However, they are typically available only for nonviolent crimes and offenses that are not especially serious. 

Defendant’s Willingness

Diversion programs have a treatment component, which can include counseling, medication, therapy, psychiatric care, or substance abuse treatment. The defendant will not be accepted into a diversion program if he is not willing to actively participate in the prescribed treatment. If he fails to comply with program requirements, he can be sent back to the standard criminal justice system for prosecution and a prison sentence.

What are the Benefits of Mental Diversion Programs?

The defendant and society can benefit from mental diversion programs in several ways. Two key benefits are:

• Reduced recidivism: The chances of someone becoming a repeat offender are greatly reduced when the root causes of criminal behavior are addressed.

• Less strain on the criminal justice system: Mental diversion programs address people who do not pose a direct threat to public safety outside of the prison system. This alleviates overcrowding and allows resources to be focused on where they are needed.

Schedule a Free Consultation with a Fort Worth, TX Criminal Defense Lawyer

Mental diversion programs are an important legal alternative for nonviolent defendants with mental health issues. If you think you might be eligible, speak with a qualified Tarrant County, TX criminal defense attorney about your options. At The Dameron Law Firm, we are dedicated to helping individuals get the treatment they need that can address underlying issues. Call 817-222-0624 to schedule a free consultation so we can review your case and create a plan to advocate aggressively on your behalf.