CHICO, Calif. – Butte County District Attorney Mike Ramsey is advocating for changes to California’s mental health diversion law.
Ramsey is working with other district attorneys to push the California Legislature to amend the law, saying the current law allows almost all accused criminals to claim a mental disorder caused their crimes.
If they present a diagnosis of any of about 500 mental illnesses, judges must presume the illness caused the crime, Ramsey states, and judges are then required to divert these cases to treatment unless it can be proven beyond a reasonable doubt that the person will commit a murder or sex crime.
Ramsey described this as a nearly insurmountable burden. “Assembly Bill 46 closes those dangerous legal loopholes in California’s mental health diversion law and restores judicial discretion to ensure the program provides treatment to non-violent criminals while protecting community safety,” said Ramsey.
Ramsey cites the Butte County case of Chico resident Kai Perrelli, 28, as an example. Perrelli, charged with felony assault, petitioned for mental health diversion, claiming schizophrenia, and later shot and killed his neighbor.
He was found not guilty by reason of insanity and is now in a state hospital.
Ramsey stated the current law poses too great a risk to public safety. “The current law basically requires judges to place many violent offenders into mental health diversion if they have a diagnosis of almost any of 500 mental conditions,” said Ramsey.
Another case involved Bryan Mendez, 40, of Chico, who was placed on mental health diversion after a diagnosis of “methamphetamine use disorder.” Mendez, with ten prior felony convictions, was charged with three burglaries and used bear spray on residents during one burglary.
Despite his record, Mendez was released on mental health diversion. “Assembly Bill 46 seeks to empower courts with the discretion to ensure the defendant does not pose a substantial risk to the physical safety of others,” said Ramsey. “This bill aims to balance public safety interests while facilitating treatment for offenders unlikely to harm others.”