"For too long, judges have been forced to set aside their common sense and experience when determining whether a defendant poses a danger to the community. Judges frequently say their ‘hands were tied’ in these decisions. Tragically, in multiple cases across the state, individuals granted diversion despite clear risks have gone on to commit homicides—outcomes that underscore the urgent need for reform.”

 

The California District Attorneys Association issued this statement today. I have reported on this legislation and will add links in a couple of minutes.

CDAA statement:

Two measures supported by the California District Attorneys Association (CDAA)—AB 46 (Nguyen) and SB 1373 (Grove)—have passed out of the Senate this week, advancing efforts to strengthen and clarify California’s mental health diversion law.

CDAA thanks Assemblymember Stephanie Nguyen and Senator Sharon Grove for their leadership in authoring these bills, and Sacramento County District Attorney Thien Ho for sponsoring AB 46.

AB 46 (Nguyen) passed the Senate on May 27 with unanimous support and now returns to the Assembly for concurrence. The bill restores judicial discretion, allowing judges to rely on their experience and judgment when evaluating a defendant’s dangerousness, and brings a common-sense approach back to mental health diversion decisions.

SB 1373 (Grove) passed the Senate on May 28 and now moves to the Assembly for consideration. The legislation strengthens public safety safeguards by requiring recent, documented clinical evidence and clarifies the public safety standard.

Mental health diversion plays an important role in California’s criminal justice system by promoting treatment, reducing recidivism, and connecting individuals to critical services. However, implementation of Penal Code section 1001.36 has exposed structural gaps, allowing diversion to be applied beyond its intended scope—including in cases involving serious violence, repeat felony offenders, and diagnoses that are outdated or insufficiently related to the charged conduct.

CDAA Chief Executive Officer Greg Totten stated: “For too long, judges have been forced to set aside their common sense and experience when determining whether a defendant poses a danger to the community. Judges frequently say their ‘hands were tied’ in these decisions. Tragically, in multiple cases across the state, individuals granted diversion despite clear risks have gone on to commit homicides—outcomes that underscore the urgent need for reform.”