Assemblymember Stephanie Nguyen’s Bill to Restore Judicial Discretion in Mental Health Diversion Cases Passes Assembly Floor
SACRAMENTO, CA – The California State Assembly has passed Assembly Bill 46, authored by Assemblymember Stephanie Nguyen (D–Elk Grove), which gives judges the discretion to consider public safety when reviewing mental health diversion requests. The bill now moves to the State Senate.
Under existing law, courts are often required to grant diversion if clinical criteria are met, even when the defendant may pose a serious risk to others. AB 46 allows judges to take into account factors such as the treatment plan, criminal history, and seriousness of the offense before deciding whether to grant diversion.