Siskiyou County Superior Court Rule 6.21 outlines a detailed framework for determining whether criminal defendants found incompetent to stand trial can be placed in mental health diversion programs instead of undergoing traditional competency restoration. For attorneys defending clients with mental health conditions, this local rule provides a critical path toward securing therapeutic treatment in community-based settings rather than extended institutional confinement.

This article explores the scope and practical application of Rule 6.21, the statutory foundation under Penal Code sections 1370(a)(1)(B)(iv) and 1370.01(a)(2), and the strategic role defense attorneys must play in advocating for diversion over incarceration.

Understanding the Framework of Rule 6.21

Rule 6.21 provides permissive considerations that judges may use when determining if a defendant who is found incompetent is suitable for a diversion program. The rule encourages individualized assessments that account for a defendant's treatment needs, personal circumstances, and community resources. This flexibility allows attorneys to craft tailored arguments emphasizing the rehabilitative potential of mental health intervention.

The rule complements the broader state-level push toward alternatives to incarceration and supports defendants in securing a more humane, restorative outcome aligned with their clinical needs.

Key Considerations Under Rule 6.21

Defense attorneys must be familiar with each component of Rule 6.21 to build an effective argument for diversion. The rule does not mandate specific outcomes but offers broad discretion supported by evidence and professional input.

Opinions from Relevant Parties

Judicial decisions under Rule 6.21 often give weight to the opinions of individuals and entities involved in the defendant's life and treatment plan. These may include:

• Licensed mental health professionals with treatment history or expertise
• Family members who can provide supervision and daily support
• Community-based treatment providers with experience in managing similar cases
• Supportive organizations capable of offering housing, therapy, or vocational training

Defense attorneys must coordinate closely with these stakeholders to present a strong support network, especially when advocating for a diversion program that operates outside of institutional control.

Defendant's History and Background

Judges evaluate a defendant's past to determine if diversion would address the root causes of the alleged offense. An effective presentation should include:

• Mental health diagnosis and history of treatment
• Patterns of criminal behavior that reflect untreated mental illness
• Stability indicators such as housing, employment, or education
• History of substance use, if applicable

Framing the client's history within a treatment-focused narrative can help shift judicial perception from punishment to rehabilitation.

Additional Factors That May Support Diversion

Rule 6.21 permits other individualized factors to be considered, creating further opportunities for legal advocacy. These may include:

• Cultural or linguistic barriers in institutional settings
• Coexisting physical health issues that make incarceration unsuitable
• Availability of community resources designed for therapeutic engagement
• The defendant's motivation to comply with treatment

These factors can support the argument that diversion better serves both the client's needs and public safety.

Legal Foundations: Penal Code Sections 1370 and 1370.01

Rule 6.21 builds on state-level laws that authorize mental health diversion for defendants found incompetent. A deep understanding of these provisions is essential.

Penal Code Section 1370(a)(1)(B)(iv)

This statute sets forth the eligibility criteria for diversion consideration, including:

• A diagnosed mental disorder impairing the defendant's competence
• A qualified professional's opinion that treatment may restore competence
• Evidence that the defendant is not a danger to public safety under supervised conditions
• Reasonable probability of competency restoration through treatment

Penal Code Section 1370.01(a)(2)

This section expands diversion eligibility to include enhanced community-based treatment options. It provides courts with more discretion to adopt flexible, extended, and specialized programs. This approach may be particularly helpful in jurisdictions committed to improving outcomes for mentally ill defendants.

Attorneys working in this space may also benefit from understanding how principles such as the burden of proof in legal proceedings affect their strategic positioning during diversion hearings.

Best Practices for Defense Attorneys Advocating Under Rule 6.21

Develop a Comprehensive Diversion Proposal

Successful diversion requests typically require detailed documentation and structured plans, including:

• A written treatment proposal supported by a licensed mental health professional
• A safety and supervision plan outlining how public risk will be minimized
• Contingency measures for crisis situations
• Monitoring protocols for progress and compliance

Collaborate with Mental Health Professionals

The strength of a diversion petition often hinges on professional opinions. Attorneys should identify mental health experts who can assess the client, provide a treatment plan, and offer testimony if needed. This collaboration also helps align legal goals with clinical realities.

For defendants transferred from other facilities, coordination is especially important in light of the growing complexity of interstate prison transfers in California, which can affect access to mental health resources and diversion programs.

Engage Community and Family Support Systems

Judges often look for evidence of community support when considering diversion. Attorneys should:

• Prepare family members to take on supportive roles
• Connect with local organizations that provide services
• Emphasize long-term support options beyond the court's direct oversight

This approach not only strengthens the diversion request but also improves the defendant's chances of lasting recovery.

Addressing Challenges in the Courtroom

Overcoming Prosecutorial Opposition

Prosecutors may argue that diversion poses risks to public safety or question its effectiveness. Attorneys should prepare evidence-based responses that include:

• Success metrics from similar programs
• Specific supervision and accountability mechanisms
• Explanation of how the proposed plan addresses the charged offense

Managing Judicial Skepticism

Judges may be hesitant to grant diversion due to concerns about compliance or public perception. Defense attorneys should be ready to:

• Present scholarly research or expert testimony supporting diversion efficacy
• Offer a cost comparison between incarceration and community treatment
• Reference judicial review in immigration cases as an example of how courts handle complex discretion with legal oversight

Sustaining Success Through the Diversion Period

Monitoring and Legal Oversight

Attorneys should remain involved even after diversion is granted. Effective case management includes:

• Periodic check-ins with clients and treatment providers
• Updates to the court on progress and challenges
• Legal responses to potential compliance issues before they escalate

Planning for Competency Restoration

The goal of diversion is restoring the defendant's competence so they can stand trial if necessary. Attorneys should work with treatment teams to address cognitive deficits and prepare the client for reentry into the legal system.

• Legal literacy education
• Medication and therapeutic interventions
• Individualized development of reasoning and communication skills

California Defense Attorneys for Incompetency Diversion Cases Under Rule 6.21

At Bulldog Law, we provide dedicated legal representation for clients facing competency and mental health-related challenges across California. Our attorneys understand how to leverage Rule 6.21 to advocate for therapeutic alternatives to incarceration and have extensive experience navigating complex diversion cases. If your loved one has been found incompetent to stand trial in Siskiyou County or elsewhere in the state, we can help secure access to the care and support they need while protecting their legal rights.