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.

“I applaud the California Assembly for passing AB 46, which is a critical step forward in protecting public safety and ensuring accountability for violent offenders. I commend Assemblymember Stephanie Nguyen and Speaker Rivas for their commitment to making our justice system both fair and responsible,” said Sacramento County District Attorney Thien Ho.

“Today’s vote shows that we can support mental health treatment without overlooking legitimate safety concerns,” said Nguyen. “This bill restores balance by giving courts the flexibility to look at the full context of a case.”

AB 46 does not remove access to treatment or exclude any diagnoses. It ensures courts have the authority to weigh public safety concerns on a case-by-case basis. The bill is supported by public safety advocates and victims’ rights organizations and now heads to the Senate for further consideration.

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