Mental health diversion.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
Assembly Bill 2275 proposes changes to California’s criminal justice system to prioritize mental health diversion for defendants. It aims to refine the eligibility criteria for diversion programs, requiring a diagnosis of a mental disorder and a finding that the defendant is not mentally incompetent. The bill also introduces specific exclusions for certain offenses, such as violent felonies and theft, and establishes a process for issuing protective orders and restricting firearm ownership for individuals subject to those orders. Furthermore, it mandates that restitution be ordered for defendants participating in diversion programs.
Key provisions
- Requires a written diagnosis of a mental disorder from within the preceding 2 years for diversion eligibility.
- Excludes defendants charged with theft or attempted theft offenses involving planning or sophistication from diversion.
- Prohibits diversion for violent felonies and certain felony domestic violence offenses.
- Authorizes courts to issue restraining orders for domestic violence involving completed mental health diversion.
- Requires individuals subject to protective orders to relinquish firearms and ammunition.
- Mandates restitution to victims when defendants participate in diversion programs.
- Revises the process for granting exemptions to peace officers regarding firearm possession.
- Modifies Section 1001.36 to align with the proposed changes regarding mental health diversion eligibility.
Who is affected
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Sponsors
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1 on record
Primary sponsor
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