Mental Health Diversion Programs In Florida – The Tristin Murphy Act (SB 168) – October 2025 Update
Mental illness and substance use disorders often contribute to criminal behavior. Traditional punishment does little to address underlying causes, leading to high recidivism and overcrowded jails. Recognizing this, Florida lawmakers passed Senate Bill 168, known as the Tristin Murphy Act, effective October 1 2025.
The law expands mental health diversion programs, funds training for 911 operators, provides grants for veterans treatment courts and extends the forensic hospital diversion pilot to Hillsborough County. This article explains the Act’s provisions, eligibility criteria, benefits and how defendants can take advantage of these programs.
Background On Mental Health Diversion
Mental health diversion programs aim to redirect individuals with mental illnesses or substance use disorders from the criminal justice system into treatment. Programs vary by jurisdiction but generally involve assessments, treatment plans, counseling and close supervision. Participants who successfully complete the program often have their charges dismissed or reduced. Research shows that diversion can reduce recidivism and improve health outcomes.
Previous Programs And Limitations
Before SB 168, Florida had several diversion options. Some counties operated mental health courts or veterans courts, and the state piloted a forensic hospital diversion program. However, access was limited by funding and geography. Many defendants could not participate due to waitlists or lack of programs in their counties. The Tristin Murphy Act seeks to expand these opportunities statewide.
Key Provisions Of SB 168
SB 168 builds on existing diversion initiatives and introduces new funding and eligibility provisions.
Training For 911 Operators And Emergency Responders
The Act provides grants to train 911 operators, emergency medical dispatchers and emergency medical technicians (EMTs) in crisis intervention. Training covers recognizing mental health crises, de-escalation techniques and connecting callers to appropriate services.
The goal is to respond to mental health emergencies with care rather than defaulting to arrest or hospitalization. Proper training can reduce unnecessary jail bookings and improve outcomes for individuals in crisis.
Veterans Treatment Courts
SB 168 allocates funds to support veterans treatment courts. These specialized courts address the unique needs of veterans who have encountered the criminal justice system due to trauma, substance use or mental health issues.
Courts combine judicial oversight with treatment plans, mentoring and peer support. The Act seeks to expand veterans courts statewide, providing grants to counties that establish or enhance them.
Misdemeanor And Felony Diversion Grants
The Act provides grants for programs that divert individuals with mental illnesses or substance use disorders charged with misdemeanors or certain non-violent felonies. These programs may include case management, therapy, medication assistance and housing support. Participants must comply with treatment and supervision conditions. Successful completion results in reduced or dismissed charges.
Forensic Hospital Diversion Pilot Expansion
Florida’s forensic hospital diversion pilot, which provides treatment in the community instead of in state hospitals for individuals found incompetent to stand trial, is extended to include Hillsborough County. The pilot has shown promising results in reducing hospitalizations and improving mental health outcomes. Expansion allows more defendants to receive community-based care.
Eligibility And Administration
While the Act encourages broad participation, eligibility criteria are set by each program. Generally, defendants must have a diagnosed mental illness or substance use disorder, be charged with a non-violent offense and agree to comply with treatment. Prosecutors, defense attorneys and judges collaborate to identify candidates. The Act allocates funds to counties that apply and meet program requirements.
We’re here to serve you. Our phones are open 24 hours a day.
Benefits Of Mental Health Diversion
Diversion programs offer numerous benefits for participants and communities:
Reduced Recidivism
Treating underlying mental health conditions decreases the likelihood of reoffending. Participants receive therapy, medication and support that address root causes rather than punishing symptoms.
Cost Savings
Diversion reduces incarceration costs. Treating individuals in community settings is often cheaper than housing them in jails or state hospitals. Cost savings can be reinvested in additional services.
Improved Public Safety
Addressing mental health crises proactively leads to safer communities. Training for 911 operators and responders reduces violent encounters, and participants in diversion programs are less likely to commit new crimes.
Enhanced Quality Of Life
Participants receive access to healthcare, housing and support, improving their stability and well-being. Families benefit when loved ones receive treatment rather than incarceration.
We’re Florida’s top litigation team with over 75 years of combined experience
How To Access Diversion Programs
If you or a family member faces charges and has a mental illness or substance use disorder, take these steps:
- Notify Your Attorney: Inform your lawyer about your diagnosis and treatment history. They can advocate for diversion.
- Request A Mental Health Evaluation: Courts often require an assessment by a qualified professional to determine eligibility.
- Cooperate With Treatment: Demonstrate willingness to follow treatment plans and comply with conditions.
- Follow Court Orders: Attend all hearings, meet with case managers and adhere to court conditions.
An attorney experienced in diversion programs can guide you through the process and ensure that you meet all requirements.
From the initial call to updates on your case status, we are here to get you answers.
How The Law Place Can Assist
The attorneys at The Law Place are committed to helping clients with mental health issues navigate the criminal justice system. We can:
- Identify Eligibility: We review your case and medical history to determine eligibility for diversion.
- Advocate In Court: We present evidence of mental health issues, propose treatment plans and work with prosecutors and judges to secure diversion.
- Monitor Compliance: We help ensure you understand and comply with program requirements, improving your chances of successful completion.
- Protect Your Rights: We challenge any violations of due process and appeal denials of diversion when appropriate.
Frequently Asked Questions
What Is The Tristin Murphy Act?
The Tristin Murphy Act, or SB 168, is a law that expands mental health diversion programs, funds training for first responders and veterans courts and extends the forensic hospital diversion pilot.
Who Is Eligible For Mental Health Diversion?
Eligibility varies by program but generally requires a diagnosed mental illness or substance use disorder, a non-violent charge and a willingness to comply with treatment. Judges, prosecutors and defense attorneys collaborate to identify candidates.
Can Felony Charges Be Diverted?
SB 168 provides grants for diversion programs that include certain non-violent felonies. Violent felonies and serious crimes are usually excluded.
Do Diversion Programs Erase Charges?
Successful completion often leads to charges being reduced or dismissed. However, the outcome depends on the program and court agreements. An attorney can advise you on potential outcomes.
How Long Do Programs Last?
Programs vary from several months to two years, depending on the individual’s needs and progress. Participants must comply with treatment, drug testing and supervision.
The Tristin Murphy Act reflects Florida’s commitment to addressing the role of mental health in the criminal justice system. By funding diversion programs, training first responders and expanding veteran and forensic options, the state aims to reduce recidivism, improve public safety and help individuals receive the treatment they need.
If you or a loved one faces charges and struggles with mental health or substance use, contact The Law Place to explore diversion opportunities. Our attorneys can guide you through the process, advocate for your inclusion in these programs and support you toward a healthier future.
