Diversion.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
Take action
Record your position on this measure.
Create an account to record your position, submit testimony, or contact your legislator.
Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed Assembly
- To Governor
- Became Law
Overview
This bill, SB 1373, aims to revise the process for pretrial diversion programs in California, specifically focusing on mental health cases. It requires courts to find that a defendant’s mental disorder was a significant factor in the offense only if the disorder was diagnosed or rediagnosed within five years of the crime. The bill also expands the list of offenses for which diversion is prohibited to include human trafficking and child abuse, and modifies the criteria for a defendant to be considered suitable for diversion, emphasizing a reduced risk to public safety and considering prior diversion history.
Key provisions
- Requires courts to consider a defendant’s mental disorder was a significant factor in the offense only if diagnosed or rediagnosed within 5 years.
- Expands the list of offenses for which diversion is prohibited to include human trafficking and child abuse.
- Modifies the criteria for defendant suitability, prioritizing reduced risk to public safety and considering prior diversion history.
- Requires an additional hearing if the court intends to summarily grant diversion or any other relief.
- Clarifies the definition of ‘qualified mental health expert’.
- Addresses firearm restrictions for defendants completing diversion.
- Establishes a process for the court to determine if a defendant should be conserved and referred to conservatorship proceedings.
- Provides for access to medical and psychological records during the diversion period.
Who is affected
Bill text
Read the latest version inline or switch to a previous version.
Text extraction is in progress. View the official source.
Arguments
Reasons offered for and against this legislation.
Arguments in favor
No arguments in favor have been submitted.
Submit yoursArguments opposed
No arguments opposed have been submitted.
Submit yours