The trial court may grant mental health diversion after a doubt has been declared but before the issue of competency has been decided. Defendant was charged with misdemeanor battery on a peace officer. Defense counsel declared a doubt as to defendant’s competency to stand trial. While the competency determination was pending, the trial court granted mental health diversion. The People filed an appeal to the appellate division of the superior court and the appellate division concluded that the trial court had jurisdiction to grant mental health diversion despite the criminal proceedings being suspended. The matter was affirmed following transfer to the Court of Appeal to settle an important question of law. The plain language of sections 1001.36 and 1368 et. seq allow the trial court to grant mental health diversion after a doubt has been declared but before the issue of competency has been decided because a defendant found either competent or incompetent can be considered for diversion. Further, the legislative intent favors granting diversion at the earliest time pretrial, rather than waiting for a competency determination.