Assemblymember Stephanie Nguyen’s Bill to Restore Judicial Discretion in Mental Health Diversion Cases Passes Key Committee

Sacramento, CA – This past Tuesday, April 29, 2025, Assembly Bill 46 (AB 46), authored by Assemblymember Stephanie Nguyen, passed the Assembly Public Safety Committee with strong support. The legislation aims to restore critical judicial discretion in California’s mental health diversion law—allowing judges to consider public safety before granting diversion in criminal cases.

Under current California law, judges are required to grant mental health diversion for defendants with qualifying mental illnesses unless the charges involve murder, rape, or child molestation. AB 46 would change that. The bill enables judges to weigh both the individual’s mental health needs and the potential risk to public safety before making a diversion decision. It also ensures that prosecutors have a fair opportunity to present relevant facts to the court.

“AB 46 is about balance,” said Assemblymember Stephanie Nguyen. “We must continue to support mental health treatment, but we cannot ignore public safety. This bill ensures that judges are no longer forced to grant diversion in serious cases where the community could be at risk.”

AB 46 is being championed in partnership with Sacramento County District Attorney Thien Ho, who has voiced strong support for restoring judicial authority in these cases.

“Our communities deserve a system that is compassionate but also responsible,” said DA Ho. “AB 46 gives judges the tools they need to make informed decisions based on the facts—not blanket assumptions.”

With the Assembly Public Safety Committee’s approval, AB 46 now moves forward in the legislative process.

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