FRESNO, Calif. (KFSN) — There is a new push to change mental health laws in court.
Fresno County District Attorney Lisa Smittcamp believes “mental health diversion” needs new guardrails.
“It needs to be restricted so that it empowers judges to make more stringent decisions,” Smittcamp told Action News.
Diversion allows some defendants to avoid jail time with a program. If they complete it, their case can then be dismissed.
It is meant to prioritize treatment over punishment.
But in a recent letter to lawmakers, the California District Attorneys Association stated that it is often misused, even highlighting an example from Fresno, where the man convicted of a near-deadly random stabbing attack at Lithia Ford previously received diversion.
“Depression and anxiety are things that are very easily diagnosed,” Smittcamp said. “And then the court doesn’t have any authority under the currently written law to say, ‘I’m sorry, you’re not eligible or suitable.'”
Smittcamp has joined a growing list of prosecutors calling for reform and advocating for AB 46.
The proposed law would make several changes, and it would require that a mental health diagnosis occur within five years before the alleged crime.
“[It] means you legitimately have somebody with a mental health diagnosis, who is attempting to get better, who is being proactive in their own mental health progress,” Smittcamp said.
The bill has wound through the statehouse for more than a year, facing amendments in the Senate and the Assembly. It is now set for a critical committee hearing next Tuesday.
“Defense attorneys might see this and say this is a district attorney who is being too tough, who is not showing heart. How would you respond to that?” Action News asked.
“I don’t know that there would be defense attorneys that would think that this was a bad thing because when the law is poorly written, it is poorly written for everyone,” Smittcamp said.
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