Bill Aims to Block Violent Criminals from Mental Health Diversion Programs

Proposed legislation would give judges more discretion over eligibility for mental health treatment instead of criminal charges.

Published on Feb. 25, 2026

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A new bill in the California Legislature, Senate Bill 1373, would reform the state's mental health diversion program to block violent criminals from accessing it. The bill, introduced by state Sen. Shannon Grove, R-Bakersfield, would ensure that those who commit serious violent crimes such as attempted murder, assault resulting in death, and domestic violence are no longer eligible for mental health diversion, which allows charges to be dismissed after completing treatment. The bill would also require courts to hold hearings to determine if mental health diversion is appropriate for defendants.

Why it matters

The mental health diversion program was created in 2018 to address racial disparities in California's incarcerated population and provide treatment options for those with mental health issues. However, critics argue the program has been abused, allowing some defendants charged with violent crimes to avoid criminal penalties. This bill aims to reform the program to ensure public safety while still providing diversion options for appropriate cases.

The details

Senate Bill 1373 would block violent criminals from accessing mental health diversion programs, which currently allow those facing criminal charges to be diagnosed with a mental health disorder, undergo treatment, and have charges dismissed. The bill would make repeat offenders of at least two felonies ineligible for any diversion programs. It would also require courts to hold hearings to determine if mental health diversion is appropriate for a defendant, and ensure prosecutors have the tools to validate mental health diagnoses.

  • Senate Bill 1373 was introduced in the California Legislature in February 2026.

The players

Shannon Grove

A Republican state senator from Bakersfield who introduced Senate Bill 1373.

Roger Niello

A Republican state senator from Fair Oaks who spoke at the press conference about the unintended consequences of the current mental health diversion program.

Maggy Krell

A Democratic state assemblymember from Sacramento who spoke at the press conference about the need to reform the mental health diversion program to ensure it is used appropriately.

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What they’re saying

“My bill will ensure that those who commit violent crimes, such as attempted murder of a child, assault resulting in death and domestic violence, are no longer eligible for a mental health diversion program.”

— Shannon Grove, State Senator (The Black Chronicle)

“When a well-intentioned policy takes away judicial discretion, and doesn't well-define who the mental health expert is who is going to help adjudicate, what could possibly go wrong? We have a perfect example of unintended consequences.”

— Roger Niello, State Senator (The Black Chronicle)

“We believe in mental health diversion. We absolutely believe that it can be effective, some defendants should get a chance to complete mental health diversion, and that it is an effective way to deal with certain crimes. However, some crimes in which those facing serious charges do get mental health diversion are too severe for defendants to be able to walk away from those charges.”

— Maggy Krell, State Assemblymember (The Black Chronicle)

What’s next

The California Legislature will consider Senate Bill 1373 and hold hearings to debate the proposed reforms to the state's mental health diversion program.

The takeaway

This bill highlights the ongoing debate over balancing criminal justice reform efforts, such as mental health diversion programs, with ensuring public safety, particularly for violent crimes. The outcome of this legislation could have significant implications for how California handles cases involving defendants with mental health issues.