Courts would route treatment diversion cases through county court parts

The court may order a clinical evaluation for a person it has reason to believe has a qualifying diagnosis. The proposed eligibility definition covers people charged with any offense who have a qualifying mental health or substance use diagnosis, subject to listed exclusions and court review. The court may use an evaluation already completed or require an initial showing of a qualifying diagnosis. The person may decline the evaluation at any time. The text excludes certain serious charges from eligibility, but allows a court, with the prosecutor's consent, to consider an otherwise ineligible person. The court may order an evaluation after arraignment and before a guilty plea or trial. The text says requests should be made as soon as practical and evaluations should happen without undue delay.

Courts may admit eligible people to diversion, set treatment and release conditions, and respond to violations. These provisions concern eligible defendants admitted to diversion and the courts, treatment providers, and court staff involved in their cases. Treatment plans may include counseling, medication, and other care suited to the person's needs; plans should consider effects on work, family, housing, and social life. A court may require consent to share specified treatment information. Drug screening must be part of the treatment plan and follow state guidance. Courts may not limit prescribed medication or penalize voluntary hospitalization or respite care. Law enforcement may supervise only if no alternative local service is available. Treatment should begin as soon as practical after release, taking availability into account. Before imposing a response that could mean jail or removal from diversion, the court must hold a hearing with at least 48 hours' notice unless the person waives notice.

The chief court administrator must establish a diversion court part in each county and ensure yearly training and public reports. The duties apply to the chief court administrator, county diversion court parts, their judges and staff, and the yearly public reports. Yearly training would cover specialized needs, treatment, privacy, and court practices. Reports would give county-level case information without identifying individual participants. The act would take effect one year after it becomes law. The text directs the chief court administrator to establish the county parts and calls for reports at each year's end.