Bill > AB46

This bill modifies existing law regarding pretrial diversion for defendants with mental disorders, allowing courts to grant this option to individuals facing misdemeanor or felony charges if their mental disorder was a significant factor in the offense and they are deemed suitable for treatment. Key changes include requiring a diagnosis within five years of the offense for eligibility, shifting the burden of proof to demonstrate the disorder was *not* a factor from a preponderance of evidence to clear and convincing evidence, and revising the standard for public safety risk from "unreasonable risk of danger" to "substantial and undue risk to the physical safety of another person." The bill also mandates that a mental health expert's opinion must confirm the proposed treatment plan is clinically appropriate for the defendant's specific symptoms, and that courts must state their reasons on the record if they deny diversion. Additionally, it clarifies that diversion is discretionary and outlines specific offenses for which diversion is not permitted, while also detailing procedures for monitoring progress, reinstating proceedings if necessary, and dismissing charges upon successful completion.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB46