Mental Health Diversion Legislation Signed By Newsom, RivCo DA's Office Welcomes The Reforms

RIVERSIDE COUNTY, CA — People accused of crimes can receive mental health treatment rather than prison time under a 2018 California law, but lawmakers on both sides of the aisle have been revamping the rules following reports of violent offenses by some convicts.

On Monday, Gov. Gavin Newsom signed off on those bipartisan changes — with much applause from the Riverside County District Attorney's Office.

"Our office was proud to stand with the coalition of public safety advocates that worked for years to advance these important reforms," said Riverside County Chief Deputy District Attorney and Legislative Advocate Ivy Fitzpatrick. "We thank Assemblymember Stephanie Nguyen for carrying AB 46 and Governor Gavin Newsom for signing it into law to better protect victims, support treatment, and enhance public safety.”

Sponsored by the Sacramento County District Attorney's Office and co-sponsored by the Riverside County District Attorney’s Office, Assembly Bill 46 closes gaps in California's mental health diversion statute that has limited judges' ability to deny diversion in cases involving defendants who posed a serious risk to public safety.

Mental health diversion, created under Penal Code section 1001.36, was intended to provide treatment opportunities for defendants whose mental illness significantly contributed to the commission of a crime. However, court rulings in recent years narrowed judicial discretion, resulting in cases where judges were required to grant diversion despite concerns about public safety, inadequate treatment plans, or prior unsuccessful treatment efforts.

AB 46 addresses those concerns by restoring judicial authority to consider whether a defendant poses a substantial and undue risk to the physical safety of another person and whether a
proposed treatment plan is clinically appropriate to address the mental health condition that contributed to the offense.

"California believes treatment and accountability go hand in hand," Newsom said Monday after signing the legislation. "We are proud to preserve mental health diversion for people who can benefit from it while ensuring judges have the discretion they need to protect victims, safeguard communities, and make decisions based on the full picture before them."

The legislation also reinforces consideration of victims'constitutional rights under Marsy's Law during diversion proceedings.

“Today marks an important step forward for California’s mental health diversion program. AB 46 is the result of more than three years of collaboration and hard work,” said Assemblymember Nguyen (D-Elk Grove). “I am grateful to Governor Newsom for signing this bill into law and to the many prosecutors, advocates, criminal justice stakeholders, legislative partners, and colleagues who worked together to make this measure possible. I am proud of where we landed, and I believe this law strengthens public safety while preserving mental health diversion as an important pathway to treatment.”