Former Irvine council member and Mayoral candidate Tammy Kim will be in court next week with her lawyer to argue for a Mental Health Diversion, a Pretrial Diversion Program, as a defense for the 11 charges against her from the 2024 election. Mental Health Diversion is typcially for lower-level offenses where where mental illness clearly influenced a person’s alleged criminal behavior. It is far less common for serious felony allegations like voter fraud.
According to Justia.com, the insanity defense, the most common formal application of mental illness as a legal defense, is raised in less than 1% of all felony cases nationwide, with success rates around 26% when invoked. It is predominantly used in violent crime cases, suggesting even lower usage—likely well below 0.5%—for non-violent white-collar felonies like perjury and fraud, which may fall under categories such as property or minor crimes in broader analyses. The application of a Mental Health Diversion for felony fraud and perjury cases is practically unheard of and the lawyers I’ve chatted with have never heard of ths approach for the crimes Kim is accused of before.
In California, when a court grants Mental Health Diversion under Penal Code § 1001.36 for someone facing felony charges, the process works as a pretrial diversion program. This pauses (stays) the criminal proceedings while the defendant completes a court-approved mental health treatment plan, rather than proceeding immediately to trial, plea, or sentencing.Key Steps and What Happens After Granting Diversion
- Criminal Proceedings Are Paused
The court stays (freezes) prosecution. No trial occurs, and the defendant does not enter a plea or admit guilt at this stage. Bail or custody status may continue as previously set, though some defendants are released or have conditions adjusted based on the case. - Treatment Program Begins
The defendant must engage in and comply with a tailored mental health treatment plan, which could include therapy, medication management, counseling, inpatient/outpatient care, or other services from qualified providers. The program lasts up to two years for felonies (shorter periods are possible if progress is rapid; misdemeanors max out at 1 year in some contexts, but felonies align with the two-year cap). - Court Monitoring and Progress Reviews
The court holds periodic progress hearings (often every 30–90 days, depending on the county and judge). The defendant submits reports from their treatment provider showing compliance and progress. The court, prosecutor, defense attorney, and sometimes probation or mental health experts review these. The judge can:- Continue diversion if progress is satisfactory.
- Modify the treatment plan if needed.
- Give more time to comply.
- Successful Completion
If the defendant performs satisfactorily (substantially complies with treatment, avoids significant new law violations unrelated to their mental health condition, and has a long-term care plan), the court must dismiss the criminal charges at the end of the diversion period.- The arrest is deemed to have never occurred for most purposes.
- The record is sealed/restricted under Penal Code § 1001.9 (similar to other diversion outcomes).
- The defendant can truthfully state they were not arrested or convicted for the offense in most background checks (with limited exceptions, like certain professional licensing or law enforcement inquiries).
This avoids a conviction entirely, which can preserve employment, housing, education, and other opportunities.
- If Diversion Fails or Is Terminated
The court can terminate diversion early (after a hearing) if:- The defendant commits a new felony (or sometimes a violent misdemeanor) during diversion.
- They engage in criminal conduct showing unsuitability.
- They fail to comply satisfactorily (based on expert input or reports).
- Other grounds like posing an unreasonable risk.
If terminated, criminal proceedings resume as if diversion never happened—the case picks up where it left off, potentially leading to trial, plea deal, or sentencing (including possible prison time for felonies). In rare cases, the court may refer for conservatorship instead.
This program applies to most felonies (excluding serious/violent offenses like murder, rape, or certain sex crimes against minors), and success depends on factors like the defendant’s genuine engagement, the severity of the underlying mental disorder, and judicial/prosecutorial discretion. Outcomes vary by county. For a specific case, outcomes depend heavily on individual circumstances—consulting a qualified California criminal defense attorney experienced in mental health diversion is essential, as they can navigate local court practices and build the strongest motion.
Let’s take the spotlight off of Kim for the moment and shine it elsewhere. Throughout the 2024 election cycle, where Kim garnered significant endorsements for mayor and raised a ton of money – including more than $300,000 to fight a recall that never happened, Kim’s city hall team consisted of her Commissioners Melinda Lieu and William Go, Council member Dr. Kathleen Treseder (who waxed fondly of her friendship with Kim for two minutes at the November 2024 Council meeting followed by an embrace), and Kim’s Chief of Staff Evette Kim who is now Lieu’s Chief of Staff (many of Tammy Kim’s staff were hired by a combination of newly elected district council members).
I’ve submitted a Public Records Request with the cit of Irvine for any communication with Tammy Kim and these four individuals regarding her March 2024 move to the apartment in District 5 where Kim registered to vote from in November (where the residents told a Private Investgator thatKim never lived there). The way see this, they can stand by their colleague Tammy Kim and verify signs of mental health issues or throw her under the Bus. If they knew Kim suffered from some sort of mental health issue and said nothing to the city manager and city attorney, then Lieu, Go, Tresder and Evette Kim broke a trust with the residents of Irvine. If they knew but allowed TammyKim to cast votes on key city issues, they ought to resign right now. If they deny it, Tammy Kim will lack witnesses who can attest to her mental state.
I suspect the person who knew the most is also the peson with the most to lose – Evette Kim. And as she staff for the council member who represents my district I’ll be raising those questions.
It’s quite the pickle.
The early January hearing with Tammy Kim in court attracted Matt Cunningham of OC Independent, Gene Kaplan – an Irvine resident and Veteran, and long time city resident Harvey Liss. Kim’s lawyer accused Kaplan and Liss of “stalking” for former city council member but they are legally allowed to attend these hearings.
What I want to hear about most is the specific episodes of mental illness and the frequency they occured. Even if Tammy Kim “wins” this argument and gets the Mental Health Diversion, so what? How does she move forward as a non-profit leader? We’ve all had people in our life who suffer from mental illness; with the right therapy, medication and support, they can certainly recover. I don’t believe Kim suffered any mental breakdowns but I’m not a doctor. I have had two Republican consultants say, jokingly, they’d testify Kim is crazy but its clearly a joke to them.
If she beats the odds, would she be eligible to run for office again after completing treatment, and, if so, how would voters treat her? Bridges were burned long before the November 2024 election and its not likely Kim can rebuild the bridges that she set on fire herself. I don’t see how elected office is not in her future.
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