FRESNO, Calif. (FOX26) — California lawmakers are set to take up a bill that prosecutors say would give judges more authority to deny mental health diversion in cases involving serious violence and public safety concerns.
The Fresno County District Attorney’s Office is joining prosecutors across California in urging the Legislature to pass the measure, saying recent cases have highlighted limits in California’s mental health diversion law that can restrict judicial discretion.
Mental health diversion programs were created under California Penal Code 1001.36 to help individuals suffering from mental illness receive treatment instead of incarceration when appropriate.
Prosecutors and courts across the state have raised concerns that the law, as currently written, can limit a judge’s ability to deny diversion even in cases involving serious violence or significant public safety concerns.
In Fresno County, prosecutors pointed to cases they say illustrate those limits.
In one pending case, prosecutors said a defendant previously admitted into mental health diversion for violently assaulting a public bus driver later completed the program.
Several years later, that same individual is now charged with another violent assault involving hospital security personnel that left one victim unconscious with significant injuries.
Prosecutors said the law significantly limits the ability of courts to deny diversion based on public safety concerns unless a defendant is likely to commit a violent offense.
In another recent Fresno County case, prosecutors said a man charged with discharging a firearm near a local high school after firing multiple rounds toward school property is seeking entry into the diversion program following a later diagnosis of schizophrenia.
Prosecutors are opposing the request, but said the current statute limits the ability of courts to consider broader public safety risks when determining whether diversion is appropriate.
Prosecutors across California have reported similar cases, including in Fresno County, where prosecutors said a defendant now charged with attempted murder had previously been granted mental health diversion after earlier violent offenses.
Assembly Bill 46 seeks to address those concerns by restoring greater judicial discretion and allowing courts to consider whether a defendant poses a substantial and undue risk to the physical safety of another person when determining whether diversion is appropriate.
The legislation would also allow courts to evaluate whether a proposed treatment plan is clinically appropriate to address the mental health condition that contributed to the offense.
Judges across California have increasingly expressed concern that Penal Code 1001.36 significantly limits their discretion to deny diversion, even when serious safety concerns exist.
Recent appellate court decisions have further narrowed that discretion, in some cases requiring courts to grant diversion even when a clear or specific treatment plan has not been identified.
Under current law, once a defendant meets certain statutory criteria, judges have very limited authority to deny diversion.
Courts must apply a narrow definition of public safety risk that focuses primarily on the likelihood that a defendant will commit a small group of extremely serious offenses.
If a defendant successfully completes diversion, the criminal case is dismissed, and the offense may be removed from the individual’s criminal history.
The Fresno County District Attorney’s Office said it is joining the California District Attorneys Association and prosecutors throughout the state in supporting the measure to keep diversion programs focused on treatment while also allowing courts to protect community safety.
“Diversion programs can be an important tool for a certain population of people to ensure individuals suffering from legitimate mental illness receive treatment,” said Fresno County District Attorney Lisa Smittcamp. “But the law must also allow judges to consider the full circumstances of a case and protect public safety. Assembly Bill 46 restores that balance.”