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San Mateo County Specialty Courts include the following: Mental Health Diversion, Pathways Court, Veterans Court, Military Diversion, Drug Court, Prop 36 (2024) Court, Misdemeanor Diversion, Multiple DUI Court, Restitution Court, and Homeless Connect Court. These courts offer an alternative to the standard criminal justice path, providing an opportunity for individuals to connect to treatment, support, and services. Some of the specialty courts listed provide an opportunity for individuals to also avoid incarceration and conviction. When a PDP client is present in court for any type of proceedings within these courts, a Private Defender Attorney is present to ensure their rights and interests are protected.
In consultation with our Managing Attorney for Specialty Courts and Community Engagement, PDP panel attorneys have successfully argued for their clients to be permitted to participate in the specialty courts that are available. We work to provide the highest quality indigent legal services and support a holistic model of criminal defense.
Mental Health Diversion (MHD) is an opportunity afforded to those individuals suffering from a mental health diagnosis that can be linked to their criminal case. PDP Attorneys utilize the mental health expertise of the PDP Social Workers to advocate for MHD for their clients. PDP Social Workers put together proposed MHD treatment plans so the judge can decide whether treatment in the community is appropriate under the law. If accepted, on misdemeanors, individuals are admitted into MHD for one year, while on felonies, individuals are admitted into MHD for two years. Individuals must adhere to their plan and treatment providers regularly submit progress reports to the court.
During the term of MHD, PDP attorneys and/or social workers remain in contact with the treatment providers and clients to address any issues that may arise. Once an individual successfully completes the term of MHD, the case is dismissed and sealed in its entirety. A conviction and sentence of incarceration is avoided.
Pathways was established in San Mateo County 2006. While MHD is pre-conviction, Pathways is an opportunity for mental health treatment, post-conviction and while on probation. To qualify, individuals must reside in San Mateo County, suffer from a serious mental illness, and be amenable to treatment. Once admitted to Pathways, individuals are supervised by Pathways probation officers and assisted through treatment by San Mateo County’s Behavioral Health and Recovery Services (BHRS). If a client is denied MHD, attorneys will often steer their clients towards Pathways Court. They must advocate that their client is eligible for a probationary sentence and is amenable to treatment. Absent extraordinary circumstances, the Pathways Judge expunges the charged offense on the day of Pathways Graduation. A Pathways probation term is typically one year for misdemeanors, two years for felonies and three years for driving under the influence offenses.
PDP clients who are veterans may be eligible to participate in one of San Mateo County’s veterans courts. Clients are eligible if they have a mental health issue that stems from their military service and are eligible for Veterans Administration (VA) benefits, with few exceptions. When a PDP attorney identifies one of their clients as a veteran, they advocate for their client to be considered for Military Diversion Court (MDC) or Veterans Treatment Court (VTC). MDC is pre-plea, while VTC is post-plea. A PDP attorney must advocate that their client is amenable to treatment and, if post-plea, eligible for probation.
Upon admission into either MDC or VTC, veterans agree to participate in a structured treatment program. This treatment program usually includes regular court appearances, counseling sessions, drug testing, and community service. The MDC/VTC Team consists of a PDP attorney, a social worker from the VA, a VA mentor lead, a probation officer, a county BHRS case manager, a deputy district attorney, a court management analyst and a member of the Warrior Canine Connection. Incentives, such as reduced supervision and/or a dismissal of charges are used to reward progress. When there are setbacks, the VTC team decides on adjustments to the treatment plan so the veteran can continue with their treatment. Upon successful completion, the PDP attorney can request that the charges be dismissed at graduation. Many veterans use their experience and knowledge in MDC/VTC to become mentors and guide new participants.
Drug Court was established in 1995 and is an opportunity for clients to receive treatment for substance use disorder, while on probation. If the diagnosis is a substantial causative factor in the charged conduct, they could be eligible for Drug Court. Within certain parameters, many felonies and some misdemeanors are eligible for Drug Court. Clients are sentenced to treatment and supervised by the probation department. Participants must comply with testing for controlled substances and return to court regularly for progress reports.
Proposition 36 (2024) went into effect December 18, 2024. San Mateo County has a Proposition 36 Court that coincides with Drug Court. Among other changes, Proposition 36 established Penal Code § 11395, a treatment mandated felony drug offense. A court cannot sentence a person to jail for a PC11395 conviction, unless the court first determines that the person is either not eligible or not suitable for treatment. Once deemed suitable for treatment, an individual pleads guilty or no contest to the violation, and waives time for sentencing and the pronouncement of judgement. During this post-plea and pre-judgement time period, if the individual successfully completes the course of treatment outlined by the court, the court will dismiss the charges.
A judge has the discretion to grant diversion on a misdemeanor. PDP attorneys regularly advocate for their clients to receive misdemeanor diversion, either orally or via formal written motion. The judge will set the terms and period of diversion. At the end of the diversion term, if the client has completed all the terms, the case is dismissed, and eligible to be sealed. Terms of misdemeanor diversion typically include public service work and/or a class relevant to the charged offense.
Multiple DUI Court is intensive DUI probation for those individuals who have been convicted of their second or third DUI within 10 years, and are at high risk of reoffending and in high need of treatment. After an individual is convicted, either by plea or trial, the case is referred to probation for an MDUI assessment, to determine eligibility. The program is designed to have a period of intensive supervision, including regular court appearances, random drug and alcohol testing, regular probation visits, enrollment in the Multiple Offender Program, installation of an ignition interlock device on a vehicle, and substance use treatment and/or other supportive programming. The individual must be a resident of San Mateo County in order to participate.
Restitution Court began in 2016 and is held once a month. Not all individuals who owe restitution after conviction are required to go to Restitution Court. The matters that go to Restitution Court are those where: 1) more than $5,000 in restitution is owed via court order, and 2) several months have passed without satisfactory payments towards the restitution. A PDP attorney is present in court to ensure that the interests of the PDP client is protected through this process. After evaluating the individual’s financial resources, the Restitution Court judge will monitor monthly payments of restitution for the remainder of probation.
Homeless Connect Court (HCC) is held a total of four times throughout the year. HCC is for individuals who struggle to find permanent housing. Case managers at local San Mateo County shelters, and their clients, have explained that outstanding traffic fines and fees make it nearly impossible to have their driver’s license reinstated. A reinstated driver’s license could mean better job prospects, which likely leads to stable housing. HCC rewards individuals who are working with case managers towards stable housing and employment by waiving any outstanding traffic fines and fees in San Mateo County. Even those traffic fines and fees that are in collections. The PDP continuously reaches out to case managers at San Mateo County shelters, to identify individuals who could benefit from HCC. Those individuals are brought before the HCC judge for a one-time opportunity to have their old traffic fines and fees waived. Sometimes, during this process, the PDP also locates prior San Mateo Convictions that are eligible for expungement. When this occurs, the individual is referred to the post-conviction relief process.
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