California Lawmakers Propose Changes to Mental Health Diversion Program

Bipartisan bill aims to tighten eligibility and oversight of the state's pretrial mental health diversion program.

Published on Feb. 24, 2026

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A new bipartisan bill moving through the California Legislature, Senate Bill 1373, seeks to add more guardrails to the state's pretrial mental health diversion program. The bill would make people accused of certain high-risk violent crimes ineligible for diversion and require judges to have more information before approving placement in the program. Supporters argue the current program has allowed some violent offenders to avoid lasting consequences, while opponents say the program is working and affects only a small portion of people statewide.

Why it matters

The proposed changes to California's mental health diversion program highlight the ongoing debate around balancing public safety concerns with providing treatment options for those with mental health issues. The bill's supporters believe the current program has been too lenient, while opponents argue the program is an effective way to prevent recidivism and help those in need.

The details

Senate Bill 1373 would create a list of crimes that would prohibit someone from entering the mental health diversion program, including attempted murder, kidnapping, and defendants with two prior felonies. The bill also requires judges to have more information about a defendant's criminal history and clinical recommendations before approving diversion. Supporters of the bill, including Republican Sen. Shannon Grove and Democratic Assemblymember Maggy Krell, say the current program has become a 'get out of jail free card' for violent offenders. However, the California Public Defenders Association argues the program is working and only affects a small portion of people statewide, with 91% of participants in Los Angeles County who graduate not having new criminal cases filed.

  • In 2024, the Sacramento County District Attorney's Office received more than 1,800 motions for mental health diversion, with 582 people entering the program and 210 defendants reoffending.
  • In 2025, the Sacramento County District Attorney's Office reported receiving more than 1,300 motions for diversion, though those cases are still pending.

The players

Senate Bill 1373

A new bipartisan bill moving through the California Legislature that seeks to tighten the state's pretrial mental health diversion program.

Shannon Grove

Republican Senator from Bakersfield who is a sponsor of Senate Bill 1373.

Maggy Krell

Democratic Assemblymember from Sacramento who supports Senate Bill 1373.

California Public Defenders Association

A group that has pushed back on the proposed diversion limits in Senate Bill 1373, arguing the current program is working and affects only a small portion of people statewide.

Sacramento County District Attorney's Office

The office that supports Senate Bill 1373 and has reported receiving a high volume of motions for mental health diversion in recent years.

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What they’re saying

“It did not come with enough guardrails and has become a get out of jail free card for the violent offenders across our state.”

— Shannon Grove, Republican Senator (abc10.com)

“In Sacramento, almost 50% of cases defendants are petitioning for diversion on.”

— Maggy Krell, Democratic Assemblymember (abc10.com)

“A judge is not going to put somebody into community supervision, community supervised treatment, unless they have the recommendations from clinical experts, clinical psychologists, behavioral therapists, unless they've looked at their arrest records, they've looked at their past, they've looked at where they are now.”

— Kate Chatfield, California Public Defenders Association (abc10.com)

“In Los Angeles County, 91% of participants who graduate do not have new criminal cases filed.”

— Kate Chatfield, California Public Defenders Association (abc10.com)

What’s next

Senate Bill 1373 must still move through the California Legislature before it can reach the governor's desk.

The takeaway

The proposed changes to California's mental health diversion program highlight the ongoing debate around balancing public safety concerns with providing treatment options for those with mental health issues. While supporters argue the current program has been too lenient, opponents contend it is an effective way to prevent recidivism and help those in need.