The Mental Health Diverson Program was created back in 2018, allowing some people charged with crimes to be released for treatment if they could prove they had a mental health condition that could’ve played a role in the crime.
Now, starting Jan. 1, judges will have more authority over who is granted diversion.
“Preserving the mental health diversion program but just giving them the clear guidance of making sure they’re able to deny it when they feel like there is a public safety threat,” said Stephanie Nguyen, assemblymember and author of the bill.
“I am very grateful to the legislature for passing this important bill and I’m grateful that Governor Newsom also thought that it was important enough to sign into law," said San Luis Obispo County District Attorney Dan Dow.
Dow added that in other parts of the state, the diversion program has resulted in cases where violent offenders reoffended.
“That caused, unfortunately, many very violently, dangerous, and mentally ill individuals to be released across California only to reoffend and commit even murders and horrific stabbings and attacks on people," Dow said.
But local defense attorney Scott Taylor doesn't agree.
“What a great victory for mass incarceration,” Taylor said.
He says that the process to get someone a mental health diversion is already extensive, starting with securing funding for a forensic psychologist, performing the report, then sending it to the DA’s office, which will either agree or disagree with the report.
Taylor believes the new law and added requirement of proving the diagnosis or treatment within the last five years will add more hurdles.
“But to not even give the people the opportunity to try, I think, is just patently unfair,” Taylor said.
