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Bill would give state judges more discretion in deciding on diversion

Marco Verch Professional Photographer
/
Flickr / Creative Commons

A new California law will give judges more authority to deny mental health diversion to some defendants.

Diversion lets people with mental illness get treatment instead of jail. If they complete it, their charges are dropped.

Previously a judge generally had to grant diversion unless prosecutors could prove the defendant was likely to commit a serious violent crime in the future, like murder or rape. Supporters of the change say that standard was nearly impossible to meet.

Assemblymember Stephanie Nguyen of Elk Grove wrote the bill.

"Mental health treatment remains an important part of our justice system, " said Nguyen, "and diversion continues to provide an important pathway to care for eligible individuals. At the same time, judges need a clear and workable framework for evaluating public safety."

Opponents of the change said diversion reduces repeat offenses and judges already had discretion to protect public safety.

The bill passed with bipartisan support and takes effect January 1st.