Criminal procedure: mental health diversion.

Existing law authorizes a court to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law conditions eligibility on, among other criteria, a court finding that the defendant suffers from a mental disorder, as specified, and that the defendant's mental disorder played a significant role in the commission of the charged offense. Existing law makes defendants ineligible for the diversion program for certain offenses, including murder, voluntary manslaughter, and rape. This bill would change the eligibility criteria to include a diagnosis of a mental disorder instead of the court finding the defendant suffers from a mental disorder and would require that the diagnosis or treatment for a diagnosed mental disorder be within the last 5 years. The bill would define "qualified mental health expert" for these purposes. The bill would require the court, if a defendant has been diagnosed with a mental disorder, to find that the defendant's mental disorder was a significant factor in the commission of a charged offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the alleged offense. The bill would, for a defendant charged with a misdemeanor, limit the period of diversion to one year. The bill would permit a county mental health agency unable to provide services pursuant to these provisions to submit, and would require a court to accept, a declaration in lieu of testimony that the agency is unable to provide services to a defendant. The bill would make other conforming changes. This bill would incorporate additional changes to Section 1370.01 of the Penal Code proposed by SB 1338 to be operative only if this bill and SB 1338 are enacted and this bill is enacted last.