California Lawmakers Propose Stricter Limits on Mental Health Diversion Programs

Bipartisan group says the programs have become a 'get-out-of-jail-free card' for some criminals

Published on Feb. 24, 2026

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A bipartisan group of California legislators is calling for stricter limits on the state's mental health diversion programs, saying the well-intentioned reforms have given criminals a way to avoid jail time and wipe their records clean. Senate Bill 1373 would tighten eligibility for the programs and expand the list of disqualifying crimes.

Why it matters

The mental health diversion programs were created to help divert low-level offenders with qualifying mental disorders into treatment instead of traditional prosecution. However, lawmakers say some criminals have been exploiting the programs to avoid jail time, with suspects recorded in jail phone calls discussing how to claim mental illness to get out of charges.

The details

SB 1373 would require a defendant's mental disorder to be diagnosed within five years of the charged offense, expand the list of disqualifying crimes, and bar diversion for defendants with two prior felony convictions or a prior strike under California's Three Strikes law. Lawmakers cited several cases where defendants were granted diversion, only to later commit serious crimes, including a 2023 killing in Sacramento County.

  • In 2018, California passed Assembly Bill 1810, which created the mental health diversion programs.
  • In 2023, Jordan Murray allegedly killed Carlos Romero in Sacramento County after previously being granted mental health diversion.
  • In late 2023, Ramiro Ochoa Mendoza allegedly committed a brutal murder just three days after being granted immunity from prosecution under the mental health diversion laws.

The players

Senate Bill 1373

A bill proposed by a bipartisan group of California legislators that would scale back the scope of the state's mental health diversion programs.

Shannon Grove

A Republican state senator from Bakersfield who is the author of SB 1373 and is urging lawmakers to reform the mental health diversion programs.

Maggy Krell

A Democratic assemblywoman and former Sacramento County district attorney who is a co-author of SB 1373 and cited several cases that demonstrate unintended consequences of the existing mental health diversion laws.

Jordan Murray

A defendant who was granted mental health diversion in separate theft cases involving assaults, and then allegedly killed Carlos Romero about a year later.

Ramiro Ochoa Mendoza

A defendant who was granted immunity from prosecution under California's mental health diversion laws, and then allegedly committed a brutal murder just three days later.

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What they’re saying

“I believe this program was created with good intentions, to divert those low-level crimes and benefit. However well-intended this program was and might have been, in reality it did not come with enough guardrails and has become a get-out-of-jail-free card.”

— Shannon Grove, State Senator

“All of us believe in mental health diversion, that it can be effective and some defendants should get a chance. However, the floodgates have been open and some of the crimes where people are being diverted are too serious.”

— Maggy Krell, Assemblywoman

“There was space between the stabbing and [a past] altercation. It was not a crime of passion. This is a perfect example of the unintended consequence of this bill and it absolutely has to be reformed.”

— Roger Niello, State Senator

“We have seen far too many serious and violent felonies make their way into mental health diversion, allowing dangerous people back on to our streets to reoffend. Exclusions of certain crimes are a step forward and I support making changes, but again we are still going to have to push forward for full and comprehensive reform for public safety.”

— Brooke Jenkins, San Francisco District Attorney (The Post)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Jordan Murray out on bail.

The takeaway

This case highlights growing concerns about repeat offenders being released through California's mental health diversion programs, raising questions about the need for stricter eligibility requirements and safeguards to protect public safety.