"CDAA urges Governor Newsom to sign AB 46 into law"

 

Would have posted this Monday or yesterday. On Monday, the California District Attorneys Association issued this statement.

CDAA statement:

Assembly Bill 46 (Nguyen), supported by the California District Attorneys Association (CDAA), passed the Legislature today following concurrence in the Assembly. The bill now heads to Governor Gavin Newsom’s desk and will become law in 12 days unless vetoed.

AB 46 advances efforts to strengthen and clarify California’s mental health diversion statute, addressing gaps in the current law and restoring a balanced, common-sense approach to diversion decisions.

CDAA extends its appreciation to Assemblymember Stephanie Nguyen for authoring the measure and to the legislators in both houses who supported its practical reforms. CDAA also thanks the following district attorney’s offices for co-sponsoring AB 46: Fresno County, Los Angeles County, Orange County, Placer County, Riverside County, Sacramento County, and San Diego County.

“AB 46 restores appropriate judicial discretion, allowing judges to rely on their experience and informed judgment when evaluating a defendant’s dangerousness,” said Greg Totten, CDAA Chief Executive Officer. “It ensures mental health diversion remains focused on its intended purpose—connecting appropriate individuals to treatment while protecting public safety.”

Mental health diversion plays a critical role in California’s criminal justice system by promoting treatment, reducing recidivism, and linking individuals to essential services. However, implementation of Penal Code section 1001.36 has revealed structural gaps that have allowed diversion to extend beyond its intended scope, including in cases involving serious violence, repeat felony offenses, and diagnoses that are outdated or insufficiently connected to the alleged conduct.

AB 46 addresses these concerns by clarifying the law and reinforcing safeguards that support both accountability and treatment.

CDAA urges Governor Newsom to sign AB 46 into law.