Butte County District Attorney Mike Ramsey said his office is working with prosecutors across California to ask state lawmakers to change the state’s mental health diversion law.
The law, used in courts since 2023, allows many people charged with crimes to request treatment instead of going through the normal criminal court process if they have a diagnosed mental illness.
Ramsey said the law currently allows defendants with one of hundreds of possible mental health diagnoses to argue their illness caused the crime. Judges must then presume the illness played a role and send the person to treatment unless it can be proven beyond a reasonable doubt that the person is likely to commit murder or a sex crime in the future. Ramsey said that standard makes it very difficult for judges to deny diversion, even in serious cases.
A bill now before the Legislature, Assembly Bill 46, would change the law and give judges more discretion to decide when diversion is appropriate.
Ramsey and other prosecutors said the current law has led to dangerous situations. One case cited by Ramsey involved Chico resident Kai Perrelli. Perrelli, 28, had been charged with felony assault with a deadly weapon in Butte County. He later asked the court for mental health diversion after presenting a diagnosis of schizophrenia and was released from jail. While on diversion, Ramsey said, Perrelli shot and killed a neighbor.
According to Ramsey, a treatment provider had reported shortly before the killing that Perrelli was doing well and following his medication plan. Investigators later found he had been acting strangely for weeks and had stopped taking his medication. Perrelli was later found not guilty by reason of insanity in the killing and was committed to a state hospital, where he remains.
Ramsey also pointed to another Butte County case involving Chico resident Bryan Mendez, 40. Mendez was charged with three residential burglaries and faced more than 20 years in prison. Ramsey said Mendez had 10 prior felony convictions, including a previous strike for residential burglary.
In one burglary, Ramsey said, residents woke up around 5 a.m. to find Mendez inside their home. Mendez then used bear spray on the residents before leaving. Mendez was later diagnosed with methamphetamine use disorder and placed on mental health diversion despite his criminal history, Ramsey said.
Ramsey said mental health diversion can help people with nonviolent offenses get treatment, but he believes judges should have more power to deny diversion when someone may be dangerous.
Assembly Bill 46 is scheduled for a hearing in the Senate Public Safety Committee on March 17. The hearing is expected to begin at 8:30 a.m. and can be watched online.
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