Assembly Bill 46 took a big step toward becoming law on Tuesday. The bill, designed to address what many believe is a loophole in the state’s mental health diversion program, was unanimously approved by the Senate Public Safety Committee. Mental health diversion is a program signed into law in 2018. It allows some people with mental health issues who have committed crimes to get treatment instead of going to jail.Supporters of AB46 say they agree with the goal of diversion, but they also think some people are taking advantage of it to avoid staying behind bars. They’re also citing several high-profile cases in which criminals re-offended after they were released on diversion. The Sacramento Sheriff’s Office says Jordan Murray stabbed a man to death in May 2025. Murray was released from jail just months before that on mental health diversion. Murray is still awaiting trial on the murder charge. One judge who KCRA 3 talked with said he feels like his hands are tied, and said the way the law is worded makes it difficult to deny someone the program once they request it. AB46 was introduced by Assemblymember Stephanie Nguyen in 2024. It would give judges more discretion when handing out mental health diversion.The bill was in front of the Senate Public Safety Committee on Tuesday. At the hearing, the California Public Defenders Association spoke against AB46, saying it would be a step backward for criminal justice reform. People who oppose changes to the law say the best course of action for many of these suspects is treatment instead of jail time. They say the treatment programs can be very effective and that many suspects stay out of trouble after graduating.Nguyen says the bipartisan bill is meant to make California safer. “I want to be clear that we are not in any way eliminating the program,” Nguyen said. “What we are doing is putting guard rails so that it is clear that if a judge feels that an individual poses a public safety threat, that the judge has the opportunity to deny the mental health program.”AB46 will now move to the Senate Appropriations Committee. See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
Assembly Bill 46 took a big step toward becoming law on Tuesday.
The bill, designed to address what many believe is a loophole in the state’s mental health diversion program, was unanimously approved by the Senate Public Safety Committee.
Mental health diversion is a program signed into law in 2018. It allows some people with mental health issues who have committed crimes to get treatment instead of going to jail.
Supporters of AB46 say they agree with the goal of diversion, but they also think some people are taking advantage of it to avoid staying behind bars.
They’re also citing several high-profile cases in which criminals re-offended after they were released on diversion.
The Sacramento Sheriff’s Office says Jordan Murray stabbed a man to death in May 2025. Murray was released from jail just months before that on mental health diversion. Murray is still awaiting trial on the murder charge.
One judge who KCRA 3 talked with said he feels like his hands are tied, and said the way the law is worded makes it difficult to deny someone the program once they request it.
AB46 was introduced by Assemblymember Stephanie Nguyen in 2024. It would give judges more discretion when handing out mental health diversion.
The bill was in front of the Senate Public Safety Committee on Tuesday. At the hearing, the California Public Defenders Association spoke against AB46, saying it would be a step backward for criminal justice reform.
People who oppose changes to the law say the best course of action for many of these suspects is treatment instead of jail time. They say the treatment programs can be very effective and that many suspects stay out of trouble after graduating.
Nguyen says the bipartisan bill is meant to make California safer.
“I want to be clear that we are not in any way eliminating the program,” Nguyen said. “What we are doing is putting guard rails so that it is clear that if a judge feels that an individual poses a public safety threat, that the judge has the opportunity to deny the mental health program.”
AB46 will now move to the Senate Appropriations Committee.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel