California Gov. Gavin Newsom signed a bill June 29 that expands judicial discretion in the state’s mental health diversion program, changing the public safety standard courts apply when evaluating diversion requests.
The law removes a legal standard that limited courts’ ability to deny diversion requests and instead allows judges to determine whether diversion is appropriate based on broader public safety considerations, according to a June 29 news release from the governor’s office.
The state’s mental health diversion program was established to connect eligible individuals with treatment and reduce recidivism. It allows felony defendants found incompetent to stand trial to participate in community-based mental health treatment instead of inpatient competency restoration treatment.
The legislation clarifies the law after court decisions limited how judges could evaluate public safety concerns in diversion cases, according to the state.
Read the full legislation here.
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