Assembly Bill 46 would require recent diagnosis and give judges clearer authority to deny diversion.
SACRAMENTO, Calif — A bill moving through the California Legislature would tighten access to mental health diversion programs for criminal defendants, drawing sharp disagreement between law enforcement and public defenders over public safety and rehabilitation.
Assembly Bill 46, introduced by Democratic Assemblymember Stephanie Nguyen of Elk Grove, aims to deny diversion to people who pose what she describes as a serious public safety threat. Supporters say the most dangerous offenders are being released into the community after completing diversion programs and disguising it as treatment.
Nguyen said mental health diversion programs were being issued to people who “truly shouldn’t have received the mental health diversion.”
Her bill does not include a specific list of crimes that would automatically disqualify someone. Instead, Nguyen said it would provide clearer guidance for judges deciding who qualifies.
“Making sure that there’s a clear understanding that if there are individuals that pose a public safety threat, that the judges have the ability to deny mental health diversion programs.”
If passed, the bill would require that a defendant with a mental disorder have received a diagnosis within five years before the alleged offense.
Backing the measure is Sacramento County Sheriff Jim Cooper.
“If someone goes out and kills their kid, they can qualify for mental health diversion. And then get the record expunged.”
Cooper said the program can work for people who need treatment but argued the qualifications are too broad.
“We had people that have graduated the program that committed crimes. We had a murder here in Sacramento, a lot of other cases, child abuse and that’s where it’s been the most horrific is what the child abuse cases.”
According to the Sacramento County Sheriff’s Office, Jordan Murray is one example cited by law enforcement. In May 2025, Murray was accused of stabbing and killing a man after a judge granted him mental health diversion and released him from custody. The sheriff’s office said Murray had two prior robbery arrests before entering the program.
The California Public Defenders Association disputes the need for changes, arguing the program impacts only a small percentage of defendants statewide and reduces repeat offenses.
“It’s 3.39% statewide of people that are accepted and go into mental health diversion,” said Kate Chatfield.
“It’s a successful program in that people’s recidivism rates after they get treatment for their mental health needs are much lower than if they were to go to jail or to prison for for these offenses.”
Data from the Sacramento County District Attorney’s Office show more than 1,800 motions for mental health diversion were filed in 2024. Of those, 582 people entered the program and 210 reoffended. In 2025, the office received more than 1,300 motions, though those cases are still pending.
Republican Senator Shannon Grove is also introducing a similar bill that would specify certain crimes and make people ineligible for diversion. More information on that proposal is expected on Tuesday.
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