Bill > SB483

This bill amends Section 1001.36 of the Penal Code to modify mental health diversion procedures for criminal defendants. The bill requires that in addition to existing requirements, defendants must agree that the recommended treatment plan will meet their specialized needs. It redefines "pretrial diversion" to emphasize that the court must be satisfied that the mental health treatment program is consistent with the underlying purpose of mental health diversion. Importantly, the bill explicitly states that even if a defendant is not considered to pose an unreasonable risk of committing a new violent felony, the court still retains the discretion to deny pretrial diversion if it concludes that the defendant poses an unreasonable risk to the physical safety of another person. The bill maintains the existing framework for mental health diversion, which allows courts to postpone prosecution for defendants diagnosed with certain mental disorders, allowing them to undergo specialized mental health treatment, with the potential for criminal charges to be dismissed upon successful completion of the program. This approach aims to provide a more rehabilitative approach to handling criminal cases involving defendants with significant mental health challenges.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB483