The measure removes a narrow legal standard that restricted courts’ ability to deny diversion and establishes broader judicial discretion to determine whether diversion is appropriate based on public safety.
“Today marks an important step forward for California’s mental health diversion program. AB 46 is the result of more than three years of collaboration and hard work,” said Assemblymember Nguyen. “I am grateful to Governor Newsom for signing this bill into law and to the many prosecutors, advocates, criminal justice stakeholders, legislative partners, and colleagues who worked together to make this measure possible. I am proud of where we landed, and I believe this law strengthens public safety while preserving mental health diversion as an important pathway to treatment.”
California established its mental health diversion program to connect eligible individuals with treatment and reduce recidivism. AB 46 clarifies the law following court decisions that limited how judges could evaluate public safety concerns in diversion cases.