California moves forward with reforms to mental health diversion program
The California Legislature passed a bill in June to remove a critical loophole in the state's mental health diversion program. Gov. Gavin Newsom signed off on that proposal last week.
The program allows judges to grant diversion for most crimes if a qualifying mental health diagnosis was the cause for that crime.
Assembly Bill 46 passed with overwhelming support in both houses of the legislature. The Sacramento County District Attorney's Office and the California District Attorney's Association helped to develop the framework for it, which did go through the amendment process.
Assemblymember Stephanie Nguyen (D-Sacramento) introduced the bill last year and said that drafting it was truly a statewide effort. She says this bill changes existing law by giving judges clear standards on the state's mental health diversion program to use at their discretion.
The program allows people to avoid jail time if they receive treatment. If a judge finds someone accused of a crime poses a threat to public safety, they can deny their access to that program.
Under AB 46, courts must now consider a defendant's entire criminal history — including prior convictions, arrests, parole or probation violations, past failures on diversion or supervision and any previous treatment efforts — when determining whether someone would pose an unreasonable risk to public safety if granted diversion.
The law also makes clear that judges may consider whether a defendant's symptoms would respond to treatment, whether the recommended treatment program can adequately meet the person's needs and whether appropriate community-based services are actually available before approving diversion.
In addition, the bill clarifies that defendants charged with murder, voluntary manslaughter or certain sex offenses requiring registration remain ineligible for mental health diversion, while reaffirming that courts retain discretion to deny diversion when public safety concerns outweigh the benefits of treatment.
Nguyen noted that while passage of the bill was a victory years in the making, she said this newly enacted law will simply make a good program better.
"We hear more and more stories about offenders getting re-released out in the community through mental health diversion and offending again in the most horrible way," Nguyen said. "For us to be able to jump into this and be able to reform it, fix it, but also be able to preserve it as well, is a really good thing."
AB 46 will take effect on January 1, 2027.
A companion bill is still circulating through the Senate that would allow an evidentiary hearing for judges to consider any evidence that may support a mental health diagnosis.
