A bipartisan group of California lawmakers is pushing for stricter limits on the state’s mental health diversion programs, citing concerns that criminals are taking advantage of the system to avoid jail time and wipe their records clean. Senate Bill 1373, introduced by state Sen. Shannon Grove, aims to reform the existing mental health diversion program established under Assembly Bill 1810 in 2018.
The current program allows individuals with qualifying mental disorders to enter diversion programs for treatment instead of facing traditional prosecution. If the individual successfully completes the program, their charges can be dismissed and their arrest sealed. However, there have been reports of criminal suspects using the law to avoid jail time, leading to concerns about public safety.
SB 1373 proposes several changes to the existing program. It would tighten eligibility requirements by mandating that a defendant’s mental disorder be diagnosed within five years of the charged offense. The bill also expands the list of disqualifying crimes to include serious offenses such as attempted murder, kidnapping, carjacking, and human trafficking. Additionally, individuals with two prior felony convictions or a prior strike under California’s Three Strikes law would be barred from diversion.
During a press conference, lawmakers highlighted cases that demonstrate the unintended consequences of the current mental health diversion program. Democratic Assemblymember Maggy Krell, a former Sacramento County district attorney and co-author of SB 1373, emphasized the lack of sufficient treatment placements for individuals who qualify for diversion. She noted that nearly half of criminal cases in Sacramento involve petitions for diversion, raising concerns about the seriousness of crimes being diverted.
Republican Sen. Roger Niello pointed to a specific case where an individual granted mental health diversion went on to commit a homicide. The case highlighted the need for reform in the existing laws to prevent such incidents from occurring in the future. Lawmakers also cited other cases where individuals accused of serious crimes were able to avoid trial and prosecution through the mental health diversion program.
San Francisco District Attorney Brooke Jenkins expressed support for efforts to reform the mental health diversion laws, acknowledging the need to exclude certain crimes from diversion to ensure public safety. While she has yet to endorse SB 1373, Jenkins emphasized the importance of comprehensive reform to address the loopholes in the current system.
Overall, the proposed reforms aim to strike a balance between providing treatment for individuals with mental health issues and ensuring public safety. By tightening eligibility requirements and expanding the list of disqualifying crimes, lawmakers hope to prevent individuals from abusing the system and protect communities from potential harm.
