Reed v. Superior Court

Summary

The California Court of Appeal holds that Health and Safety Code section 11395 does not preclude a defendant charged with a treatment-mandated felony from seeking pretrial mental health diversion under Penal Code section 1001.36. The court directs the superior court to vacate its orders denying Beau Reed’s diversion requests and to reconsider them under Penal Code section 1001.36.

Holdings

1. A defendant charged under Health and Safety Code section 11395 is not precluded as a matter of law from participating in pretrial mental health diversion under Penal Code section 1001.36. Trial courts retain discretion to grant diversion if the defendant satisfies the statutory eligibility and suitability requirements.
2. The phrase "notwithstanding any other law" in section 11395(b)(1) overrides only laws that conflict with the punishment provision in that subdivision; it does not make section 11395(d)'s postconviction treatment path the exclusive treatment option or bar Penal Code section 1001.36.

Questions Presented

1. Whether Health and Safety Code section 11395 precludes a defendant charged under that statute from receiving pretrial mental health diversion under Penal Code section 1001.36.
2. Whether section 11395's "notwithstanding any other law" language makes its postconviction treatment path exclusive.
3. Whether section 11395 and Penal Code section 1001.36 can be harmonized and operate concurrently.

Disposition

writ_granted