Diversion.

Assembly Member Nguyen's mental health diversion legislation modifies California's pretrial diversion program by revising how courts evaluate defendants with diagnosed mental disorders. The bill requires courts to find that a defendant's mental disorder was a significant factor in the charged offense if diagnosed within the previous five years, unless clear and convincing evidence demonstrates otherwise.

The legislation replaces the current "unreasonable risk of danger" standard with a requirement that defendants "not endanger public safety" to qualify for community treatment. Under the new definition, courts must determine whether treatment would likely result in physical injury or serious danger to others. In making this assessment, courts may consider treatment plans, criminal history, expert opinions, and input from prosecutors and defense counsel.

The bill maintains existing program parameters, including maximum diversion periods of two years for felonies and one year for misdemeanors. It preserves current exclusions for serious offenses like murder and sexual crimes while adding provisions for courts to prohibit firearm possession during diversion if prosecutors prove by clear and convincing evidence that restrictions are necessary to prevent injury. Upon successful completion, defendants remain eligible for record sealing, though certain disclosures may still be required for peace officer applications.