Governor Newsom Signs AB 46, Strengthening California's Mental Health Diversion Law

RIVERSIDE – Today, Governor Gavin Newsom signed Assembly Bill 46, legislation that strengthens California's mental health diversion law by restoring judicial discretion, improving accountability, and enhancing public safety while preserving access to treatment for eligible defendants.

"Our office was proud to stand with the coalition of public safety advocates that worked for years to advance these important reforms," said Chief Deputy District Attorney Ivy Fitzpatrick, our office’s legislative advocate. "We thank Assemblymember Stephanie Nguyen for carrying AB 46 and Governor Gavin Newsom for signing it into law to better protect victims, support treatment, and enhance public safety.”

Sponsored by the Sacramento County District Attorney's Office and co-sponsored by the Riverside County District Attorney’s Office, AB 46 closes significant gaps in California's mental health diversion statute that limited judges' ability to deny diversion in cases involving defendants who posed a serious risk to public safety.

Mental health diversion, created under Penal Code section 1001.36, was intended to provide treatment opportunities for defendants whose mental illness significantly contributed to the commission of a crime. However, court rulings in recent years significantly narrowed judicial discretion, resulting in cases where judges were required to grant diversion despite concerns about public safety, inadequate treatment plans, or prior unsuccessful treatment efforts.

AB 46 addresses those concerns by restoring judicial authority to consider whether a defendant poses a substantial and undue risk to the physical safety of another person and whether a proposed treatment plan is clinically appropriate to address the mental health condition that contributed to the offense. The legislation also reinforces consideration of victims' constitutional rights under Marsy's Law during diversion proceedings.

The Riverside County District Attorney's Office joined the California District Attorneys Association and prosecutors from across the state in advocating for these reforms after numerous cases demonstrated the need for stronger safeguards within the mental health diversion system.