Can a Mental Health Diagnosis Years After a Crime Still Get You Out of Prison? Diversion PC 1001.36

In this video, we break down the California Court of Appeal’s August 2025 decision in People v. Harlow, a case that redefines how courts handle mental health diversion under Penal Code § 1001.36.

🔎 What you’ll learn in this video:

~The story behind People v. Harlow and why the trial court denied diversion
~How the 2022 amendment to Penal Code 1001.36 changed the rules
~The difference between eligibility vs. suitability for diversion
~Why the Court of Appeal said a diagnosis made three years after the crime still counts

What this ruling means for defendants, lawyers, and the future of mental health in California criminal courts

⚖️ This case is a major win for those fighting for treatment over punishment. It shows how California law is shifting to prioritize rehabilitation instead of incarceration when mental illness plays a role in criminal behavior.

👉 Question for you: Do you think a late diagnosis should still qualify someone for diversion? Drop your thoughts in the comments!

Click to access D084252.PDF

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