CaliforniaDiversion.
What it does
Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program.
More detail
This bill would require that the diagnosis or rediagnosis with a mental disorder be within 5 years before the alleged offense.
Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant's symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified.
The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert's opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder, as specified. The bill would require the court to state the reasons for denial on the record.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chaptered by Secretary of State - Chapter 18, Statutes of 2026.Latest
- Jun 29Approved by the Governor Gavin Newsom.Became Law
- Jun 23Enrolled and presented to the Governor at 11:30 a.m.To Governor
- Jun 22Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 1. Page 5790.).Major
- Vote recorded AB 46 Nguyen Concurrence in Senate Amendments. Result: pass.Lower
- May 27In Assembly. Concurrence in Senate amendments pending.
- Vote recorded 3rd Reading AB46 Nguyen et al. By Blakespear. Result: pass.Upper
- May 27Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4506.).Passed Senate
- May 18Read second time. Ordered to third reading.Minor
- May 14Read second time and amended. Ordered returned to second reading.Major
- Vote recorded Do pass as amended. Result: pass.Upper
- May 14From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (May 14).Major
- May 11In committee: Referred to APPR. suspense file.Minor
- Vote recorded Placed on suspense file. Result: pass.Upper
- Mar 17From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 17). Re-referred to Com. on APPR.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Mar 4Re-referred to Com. on PUB. S.Minor
- Feb 17Re-referred to Com. on RLS.Minor
- Feb 17Withdrawn from committee.Major
- Feb 13From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.Major
- 2025
- Aug 18In committee: Hearing postponed by committee.
- Aug 13In committee: Hearing postponed by committee.
- Jul 10Read second time and amended. Re-referred to Com. on APPR.Major
- Jul 9From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 8).Major
- Jul 8
- Vote recorded Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]. Result: pass.Upper
- Jun 19In committee: Hearing postponed by committee.
- May 28Referred to Com. on PUB. S.Minor
- May 20In Senate. Read first time. To Com. on RLS. for assignment.Minor
- May 19Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 7. Page 1601.)Passed Assembly
- Vote recorded AB 46 Nguyen Assembly Third Reading. Result: pass.Lower
- May 15Read second time. Ordered to third reading.Minor
- May 14From committee: Do pass. (Ayes 13. Noes 1.) (May 14).Minor
- Vote recorded Do pass. Result: pass.Lower
- May 6Re-referred to Com. on APPR.Minor
- May 5Read second time and amended.Major
- May 1From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 29).Major
- Apr 29
- Vote recorded Do pass as amended and be re-referred to the Committee on [Appropriations]. Result: pass.Lower
- Mar 11Re-referred to Com. on PUB. S.Minor
- Mar 10From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.Major
- Mar 10Referred to Com. on PUB. S.Minor
- 2024
- Dec 10Introduced measure version corrected.Minor
- Dec 3From printer. May be heard in committee January 2.
- Dec 2Read first time. To print.Introduced