Diversion.

Assembly Member Nguyen's mental health diversion legislation modifies California's pretrial diversion program by establishing new standards for determining when mental disorders influence criminal conduct. Under the amended framework, courts must find that a defendant's diagnosed mental disorder from the past five years was a significant factor in the charged offense, unless a preponderance of evidence demonstrates otherwise.

The bill preserves judicial discretion to deny diversion even when defendants meet eligibility criteria, allowing courts to reject candidates deemed likely to pose unreasonable risks to public safety. These determinations require judges to document their reasoning on the record. The legislation maintains existing exclusions for serious offenses like murder and sexual crimes while specifying that diversion periods cannot exceed two years for felonies or one year for misdemeanors.

Treatment providers must regularly update courts, prosecutors and defense counsel on participants' progress. Upon successful completion, courts dismiss charges and restrict access to arrest records, though exceptions exist for peace officer applications and criminal justice agencies. The bill also establishes procedures for prosecutors to seek firearm prohibitions during diversion based on clear and convincing evidence of danger to self or others.