COMIC ‘FOE’S MOTION

Eyes psych plan

Accused Dave Chappelle attacker Isaiah Lee is trying to get out of jail and into a mental-health diversion program.

Lee, 23, stayed mostly quiet in Los Angeles Superior Court on Monday, as his attorney, Deputy Public Defender Chelsea Padilla, said she would file a motion to get him into the program.

His right arm, which had previously been in a sling after being broken during the May 3 incident at Chappelle’s “Netflix is a Joke” show in Los Angeles, appeared healed and he sat next to Padilla with his hands cuffed behind his back.

Prosecutors will file a counter motion, Los Angeles City Deputy Attorney Giselle M. Fernandez said.

A hearing in the matter was set for Aug. 23.

California’s Mental Health Diversion allows a criminal suspect the opportunity to go through a mental-health treatment, such as counseling.

If they complete the program’s demands, their charges could be dismissed.

Long process

Fernandez told The Post the motion to move Lee into a diversion program could be a long process.

“When [a public defender] argues that someone does not have the full capacity, usually that person is sent off to get evaluated,” she said Monday.

“They take mental-health classes and they are on ‘diversion’ for a period of time. And if they finished diversion, a case could be dismissed if they do mental-health diversion successfully.”

The prosecutor added: “There’s a lot that goes into it. There has to be an evaluation and there has to be a motion and the judge has to grant it.”

Tackled on stage

Lee allegedly tackled Chappelle on stage, and was initially charged with felony assault with a deadly weapon.

The charges were later downgraded to misdemeanor battery.

He also has an unrelated attempted-murder case involving a former roommate.

Lee had previously insisted that he didn’t have mental-health issues, but later admitted to being medicated for bipolar depression.

He told The Post in an exclusive jailhouse interview that he was “triggered” by Chappelle’s jokes about the LGBTQ community and homelessness in a previous Netflix special, while he insisted he never wanted to harm the funnyman.

“I identify as bisexual . . . and I wanted him to know what he said was triggering,” Lee said from the Twin Towers Correctional Facility in Los Angeles.

“I wanted him to know that next time, he should consider first running his material by people it could affect.”

He later said he was inspired by Will Smith’s slap of Chris Rock at the Oscars in March.

Lee has pleaded not guilty to the Chappelle attack and remains locked up on $1 million bail total for both cases.