Prosecutors Demand Changes to California's Mental Health Diversion Program After Lil Nas X Ruling

Tough-on-crime DAs say the system is being 'exploited' by criminals looking for a 'get-out-of-jail-free card'

Apr. 13, 2026 at 7:08pm

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An extreme close-up photograph of a pair of handcuffs against a pitch-black background, the metal reflecting a harsh, direct flash of light, creating a stark, gritty, investigative aesthetic.The harsh glare of a police spotlight on a suspect's restraints highlights the tension between criminal justice and mental health reform.Los Angeles Today

Prosecutors in California are pushing for changes to the state's mental health diversion program after rapper Lil Nas X was recently allowed to avoid jail time for several felony charges by entering the program. Orange County District Attorney Todd Spitzer and Los Angeles District Attorney Nathan Hochman say the program is being abused by criminals who are not genuinely suffering from mental illness, and they are co-sponsoring a new bill, AB 46, that would give judges more discretion to deny diversion if the defendant poses a risk to public safety.

Why it matters

The mental health diversion program in California has faced criticism for allowing some defendants to avoid serious consequences for violent crimes by claiming mental illness. Prosecutors argue the system is being exploited, while advocates say the program is vital for getting treatment to those who need it. This debate highlights the ongoing challenges in balancing criminal justice and mental health reform.

The details

Last week, rapper Lil Nas X, whose real name is Montero Hill, was placed into a mental health diversion program after being arrested for battery against police officers and resisting arrest. Hill was allegedly high on drugs and walking down Ventura Blvd in his underwear when the incident occurred. Under the diversion program, all charges against Hill will be dismissed if he completes a two-year treatment plan. Prosecutors say they have seen many examples of criminals committing further crimes while in diversion programs, including a man who escaped a hospital diversion program and later stabbed another victim 34 times.

  • Last week, rapper Lil Nas X was placed into a mental health diversion program.
  • The proposed AB 46 legislation would allow judges to deny diversion if the defendant poses an unreasonable risk to public safety.

The players

Todd Spitzer

The Orange County District Attorney who is co-sponsoring a bill, AB 46, to tighten up the rules around California's mental health diversion program.

Nathan Hochman

The tough-on-crime Los Angeles District Attorney who also supports the AB 46 bill to reform the mental health diversion program.

Montero Hill

Also known as rapper Lil Nas X, he was recently placed into a mental health diversion program to avoid jail time for several felony charges.

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What they’re saying

“'California's mental health system is the definition of insanity — and no one seems to be able to find a cure.'”

— Todd Spitzer, Orange County District Attorney

“'Mental health diversion is continuing to be exploited by individuals who are looking for a 'get-out-of-jail-free' card instead of using diversion in the way it was intended — to provide people suffering from mental illness with the treatment they need to address the underlying issues of why they commit crime.'”

— Todd Spitzer, Orange County District Attorney

What’s next

The proposed AB 46 legislation would allow judges to deny diversion if the defendant poses an unreasonable risk to public safety. If the bill is passed, it could impact future cases like Lil Nas X's, where the rapper may not have qualified for the diversion program.

The takeaway

This case highlights the ongoing debate around California's mental health diversion program, with prosecutors arguing it is being abused by criminals, while advocates say the program is vital for getting treatment to those who need it. The proposed reforms to the program aim to strike a balance between criminal justice and mental health reform.