Diversion.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill amends California law to change the criteria for pretrial diversion for defendants with mental disorders. Specifically, it requires a diagnosis or rediagnosis within five years of the alleged offense. It also modifies the standard for assessing risk, requiring the court to find that a defendant will not pose a substantial and undue risk to the safety of another person if treated in the community, rather than simply a ‘unreasonable’ risk. The bill also requires the mental health expert’s opinion to include a clinically appropriate treatment plan and mandates that the court state the reasons for denial on the record.
Key provisions
- Requires a mental disorder diagnosis or rediagnosis within 5 years of the alleged offense.
- Replaces the ‘unreasonable risk’ standard with a ‘substantial and undue risk’ standard for community safety.
- Requires mental health expert’s opinion to include a clinically appropriate diversion plan.
- Requires the court to state the reasons for denial of diversion on the record.
- Prohibits diversion for certain offenses, including murder, rape, and certain sex offenses.
- Allows for reinstatement of criminal proceedings if certain circumstances arise.
- Establishes a time limit of two years for felony diversion and one year for misdemeanor diversion.
- Provides for access to medical and psychological records for treatment and monitoring purposes.
Who is affected
- Defendants charged with criminal offenses
Bill text
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Sponsors
Official sponsors from legislative records.
11 on record
Primary sponsor
Cosponsors
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