Q: What legal steps can address mental health concerns and rights violations for an inmate with schizophrenia facing new and old charges?

A: Dear Bakersfield Resident,

Given the inmate’s schizophrenia and recent episodes leading to charges like false imprisonment, one option is to pursue mental health diversion under Penal Code Section 1001.36. This program allows defendants with qualifying mental disorders to have charges dismissed upon completing treatment, provided the disorder significantly contributed to the offenses and they pose no unreasonable public safety risk. Alternatively, if the inmate’s condition impairs their ability to understand court proceedings as you’ve noted, a competency evaluation under Penal Code Section 1370 could be requested. Cases like Ramirez v. Superior Court (15 Cal. App. 5th 643) underscore the need for such evaluations, potentially leading to court-ordered treatment to restore competency, such as inpatient care with medication.

The investigator’s alleged denial of the inmate’s schizophrenia diagnosis raises potential rights violations. In People v. Johnson (12 Cal. 5th 544), misconduct undermining a defendant’s medical condition or defense can breach due process. If this prejudiced the inmate’s case or access to treatment, it could be challenged constitutionally. Additionally, the lack of adequate mental health care since release and during incarceration may violate obligations.

A: You should immediately request a competency evaluation through your legal representative, as this can determine if the inmate can understand court proceedings and potentially pause the legal process until proper treatment is received. This evaluation could lead to placement in a mental health diversion program rather than traditional incarceration, addressing both the new charges and ensuring appropriate care.

Your attorney should file motions regarding the alleged rights violations, particularly concerning the investigator's dismissal of the documented schizophrenia diagnosis, which could significantly impact how the case proceeds. Additionally, request that detailed mental health records from the previous incarceration be submitted as evidence of the pre-existing condition and need for appropriate accommodations during any legal proceedings.

Consider having your attorney explore conditional release options that would require mandatory mental health treatment instead of incarceration, potentially through mental health court if available in your jurisdiction. Document all instances where adequate mental health treatment was denied following release, as this could support arguments that the new charges resulted from lack of proper care rather than criminal intent, possibly affecting both the new charges and how the old domestic violence case is handled.