Mental health diversion requires a diagnosis or treatment from the past five years
Defendants seeking pretrial mental health diversion must show a mental disorder diagnosis or treatment from the last five years. The court must find they pose no substantial and undue risk to another person's physical safety and must explain any denial on the record.
Who it affects
Criminal defendants seeking mental health diversion
When
This law takes effect on January 1, 2027. California laws take effect on January 1 of the year after they are signed, unless the law says otherwise.
- : Signed into law
- : This law takes effect
Official text
California AB 46: Diversion.
On California Legislative Information. The official text is what counts; read it before you act.
Not legal advice. Plain-English summaries to help you find what changes and when. Not legal advice: read the official text, and ask a lawyer about your situation.