Mental Health
The Ventura Public Defender’s Office is a fierce advocate and progressive participant in the development and implementation of programs for individuals who, because of mental health diagnosis, are involved in the legal system. The Public Defenders Office is invested in working towards the goal of providing mental health treatment as an alternative to incarceration at the onset of a mental health crisis and diverting individuals into community treatment. Collaborating with Ventura County Behavioral Health and other County agencies, we provide a wide array of representation services to our clients who are subject to criminal and/or mental health commitments. Attorneys and sentencing specialists, provide a holistic approach to advance the interests and well-being of clients with a mental health diagnosis. Our Advocacy includes:
Assisted Outpatient Treatment(AOT):
Authorized by the California Legislature, the AOT program permits a Superior Court judge to order outpatient treatment for adults with serious mental disabilities, or a history of treatment noncompliance, who are at substantial risk of their illness deteriorating to the point of involuntary hospitalization or incarceration.
CARE Court (established December 1, 2024):
CARE Court is a voluntary, civil court process that provides community-based behavioral health services to persons living with untreated schizophrenia or other psychotic disorders. CARE Court provides another tool to engage community members who are not currently receiving appropriate care by offering coordinated, wraparound services including treatment and prioritized housing placements.
Each person on whose behalf a CARE Court petition is filed is entitled to free legal representation. Throughout the entire CARE Court process, we work to preserve their dignity, rights, and liberties. The Public Defender’s important role in CARE Court ensures that respondents’ voices are heard and are central to the implementation of their individualized, self-directed treatment plans.
LPS Conservatorships:
We represent persons with mental disabilities that cause an inability to take care of food, shelter, and/or clothing needs, and the Public Guardian has petitioned the Probate Division of the Superior Court to place them on an LPS* conservatorship. If the petition is granted, we continue our clients’ representation until after their conservator is appointed, and obtains appropriate care and placement for them. An LPS conservatorship lasts up to one year and must be renewed annually. (*Lanterman-Petris-Short Act.)
Probate Conservatorships:
We currently represent more than a thousand persons who, due to a developmental disability or other mental disorder, are unable to care for themselves and/or their finances, and an existing or potential conservator had petitioned the Superior Court Probate Division to place them on conservatorship. When granted, our representation continues in order to make sure our clients’ needs are met and their finances are protected. A conservatorship usually lasts for the length of a person’s life.
Incompetent to Stand Trial:
If persons charged with a crime are not able to understand or proceed with their criminal case because of a mental disability, a Superior Court judge will order that they receive mental health treatment. We act on our clients’ behalf to protect their rights and help them through that legal process. If charged with a misdemeanor, our clients’ cases will be dismissed once they are ordered into treatment. If a felony, our clients receive treatment until they are restored to being capable, and criminal proceedings can resume.
Involuntary Psychiatric Commitments:
We represent clients that have been ordered into involuntary psychiatric commitment, and seek validation of a commitment being extended under a Welfare and Institution Code, Section 5150, hold.
Mental Health Diversion:
The Mental Health Diversion program allows persons with a mental disability who have been charged with a crime, to be diverted into treatment instead of facing criminal penalties. If they successfully complete their program, the case is dismissed and sealed.
Mental Health Court:
Mental Health Court is a collaborative program allowing persons with serious mental disabilities to avoid being sentenced to jail or prison by participating in rehabilitative services, including case management and intensive supervision.
Mentally Disordered Offender (MDO):
The MDO Act is a law that persons are to be committed to a state mental hospital after their prison or parole sentence has been completed if, 1) they have a “severe mental disorder,” 2) the “disorder was one of the causes or was an aggravating factor in the commission of the crime,” and 3) the crime involved “use of force” or violence. Length of a mental hospital commitment is one year, reviewed annually. We defend our clients by requiring proof in the review that all three factors continue to exist.
Sexually Violent Predator (SVP):
We defend clients who are subject to the SVP Act – a law that allows commitment to a state mental hospital for life, following completion of their prison sentence. Before upcoming parole release dates, the Department of Corrections and Rehabilitation is required to clinically screen inmates who were convicted of a sex crime, and determine if they qualify. The majority of persons who have been committed under this Act were convicted of rape, sexual assault, or child molestation, and medically diagnosed as having a mental disorder that determined it to be probable or “likely” they will engage in another sexual offense. Our office seeks proof of such disorders on behalf of our clients.