Diversion.
What changed between versions
Five offenses were removed from the list of crimes for which a defendant is prohibited from entering mental health diversion: child abuse and endangerment (Section 273a felony), assault of a child under eight resulting in death (Section 273ab), human trafficking (Section 236.1), corporal injury causing great bodily injury (Section 273.5), and cruel or inhuman corporal punishment on a child resulting in injury (Section 273d felony). This expands the pool of defendants who may qualify for diversion.
The clinical appropriateness standard in subdivision (c) was changed. Previously, the requirement was that the defendant's symptoms 'would respond to mental health treatment.' Now it requires that 'the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant's mental disorder that caused, contributed to, or motivated the charged offense.' This shifts focus from a general response-to-treatment question to whether the specific proposed plan fits the defendant's needs.
A new requirement was added: if the court denies diversion, it must orally state the reasons on the record. This creates a transparent basis for appellate review and ensures defendants understand why they were denied.
The list of factors the court may consider when assessing risk was simplified and made more open-ended. The previous version specifically listed 'prior history in a pretrial diversion plan' and 'severity of injuries to victims.' The new version uses broader language: 'any factors that the court deems appropriate,' including the defendant's violence and criminal history and the current charged offense.
New language was added to subdivision (a) stating: 'Diversion pursuant to this section is discretionary in all cases, when exercised consistent with subdivision (b) or (c).' This explicitly confirms that even when a defendant meets all eligibility and suitability criteria, the court retains discretion to deny diversion.
Senator Stern was added as a coauthor of the bill, joining Senators Niello and Rubio. This may indicate broader bipartisan or cross-committee support for the amendment.