District Attorney Calls for Mental Health Diversion Law Reform

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The Santa Barbara County District Attorney's Office is joining the California District Attorneys Association in urging the California Legislature to pass Assembly Bill 46, which would close significant legal loopholes in California's mental health diversion statute. The bill aims to restore judicial discretion and ensure diversion programs can provide treatment while still protecting public safety.

Why it matters

Recent court rulings and statutory limitations have significantly restricted judges' ability to deny mental health diversion, even in serious and violent cases, limiting courts' ability to determine whether diversion is truly appropriate. Across California, there have been tragic examples of individuals granted diversion later committing violent crimes, including murder, attempted murder, sexual assault, and domestic violence.

The details

AB 46 would allow courts to consider whether a defendant poses a substantial and undue risk to the physical safety of another person and whether the proposed treatment plan is clinically appropriate to address the mental health condition that contributed to the crime. The current law allows defendants charged with serious and violent offenses to qualify for mental health diversion, and once a defendant presents evidence of a qualifying condition, diversion is often presumed, leaving courts with limited ability to filter out cases where the underlying conduct involves significant violence or risk to public safety.

• AB 46 will be heard in the Senate Public Safety Committee on March 17, 2026.

What’s next

AB 46 will be heard in the Senate Public Safety Committee on March 17, 2026.