Bill > SB1373

This bill modifies the existing mental health diversion program, which allows defendants with diagnosed mental disorders to receive treatment instead of facing criminal prosecution. Key changes include requiring that a mental disorder be diagnosed within five years of the current offense for it to be considered a significant factor in the crime, and expanding the list of serious offenses, such as attempted murder, kidnapping, carjacking, and human trafficking, that disqualify a defendant from diversion. It also prohibits defendants with two prior felonies or a prior strike offense from participating in the program. The bill further refines the criteria for suitability, shifting the standard from not posing an "unreasonable risk of danger to public safety" to not posing "a risk of danger to public safety," and allows courts to consider a broader range of factors, including a defendant's prior diversion history and the severity of victim injury, when making this determination, while also authorizing denial if it's more likely than not the defendant will pose a danger. Additionally, if a court intends to summarily grant diversion or other relief, it will now be required to hold an additional hearing.

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260SB1373