AB-433
Justice & Public Safety

Mental health diversion.

Introduced
CA
2025-2026 Regular Session
0
0
Track

Key Takeaways

  • Expands restrictions on mental health diversion programs by excluding defendants charged with child abuse and trafficking.
  • Prohibits diversion for crimes causing great bodily injury, including spousal abuse with serious injuries.
  • Maintains existing mental health diversion options for eligible defendants with diagnosed mental disorders.
  • Requires regular progress reports from treatment providers to courts during the diversion period.

Summary

Assembly Member Krell's mental health diversion legislation expands the list of criminal charges that make defendants ineligible for pretrial mental health treatment programs. The bill adds child abuse and endangerment, corporal punishment of children resulting in injury, assault causing death of a child under 8 years old, human trafficking, and crimes causing great bodily injury to existing exclusions like murder, voluntary manslaughter, and rape.

Under current law, courts may grant pretrial diversion to defendants diagnosed with qualifying mental disorders if the condition significantly influenced their alleged offense. Eligible defendants can receive mental health treatment for up to two years for felonies or one year for misdemeanors, with charges dismissed upon successful completion. The program requires defendants to consent to treatment, waive speedy trial rights, and pose no unreasonable public safety risk.

The legislation maintains core eligibility criteria requiring documented mental health diagnoses within the past five years and evidence that the disorder contributed to the charged offense. Courts must still evaluate treatment responsiveness, compliance capability, and public safety considerations when determining suitability. Treatment providers continue submitting regular progress reports, and successful completion allows for arrest record sealing with specific exceptions for peace officer applications and criminal justice agencies.

Key Dates

Next Step
Referred to the Assembly Standing Committee on Public Safety
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Public Safety
Hearing has not been scheduled yet
Assembly Public Safety Hearing
Assembly Committee
Assembly Public Safety Hearing
Assembly Public Safety Hearing
Read first time. To print.
Assembly Floor
Read first time. To print.
Read first time. To print.

Contacts

Profile
Tom LackeyR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
James RamosD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Matt HaneyD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Juan AlanisR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Not Contacted
Not Contacted
0 of 10 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Tom LackeyR
Assemblymember
Committee Member
Profile
James RamosD
Assemblymember
Committee Member
Profile
Matt HaneyD
Assemblymember
Committee Member
Profile
Juan AlanisR
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Profile
Mark GonzalezD
Assemblymember
Committee Member
Profile
John HarabedianD
Assemblymember
Committee Member
Profile
Maggy KrellD
Assemblymember
Bill Author
Profile
Nick SchultzD
Assemblymember
Committee Member
Profile
LaShae Sharp-CollinsD
Assemblymember
Committee Member

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Maggy Krell
Maggy KrellD
California State Assembly Member
10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/5/2025)

Latest Voting History

April 29, 2025
FAIL
Assembly Committee
Assembly Public Safety Hearing
AyesNoesNVRTotalResult
2439FAIL

Key Takeaways

  • Expands restrictions on mental health diversion programs by excluding defendants charged with child abuse and trafficking.
  • Prohibits diversion for crimes causing great bodily injury, including spousal abuse with serious injuries.
  • Maintains existing mental health diversion options for eligible defendants with diagnosed mental disorders.
  • Requires regular progress reports from treatment providers to courts during the diversion period.

Get Involved

Act Now!

Email the authors or create an email template to send to all relevant legislators.

Introduced By

Maggy Krell
Maggy KrellD
California State Assembly Member

Summary

Assembly Member Krell's mental health diversion legislation expands the list of criminal charges that make defendants ineligible for pretrial mental health treatment programs. The bill adds child abuse and endangerment, corporal punishment of children resulting in injury, assault causing death of a child under 8 years old, human trafficking, and crimes causing great bodily injury to existing exclusions like murder, voluntary manslaughter, and rape.

Under current law, courts may grant pretrial diversion to defendants diagnosed with qualifying mental disorders if the condition significantly influenced their alleged offense. Eligible defendants can receive mental health treatment for up to two years for felonies or one year for misdemeanors, with charges dismissed upon successful completion. The program requires defendants to consent to treatment, waive speedy trial rights, and pose no unreasonable public safety risk.

The legislation maintains core eligibility criteria requiring documented mental health diagnoses within the past five years and evidence that the disorder contributed to the charged offense. Courts must still evaluate treatment responsiveness, compliance capability, and public safety considerations when determining suitability. Treatment providers continue submitting regular progress reports, and successful completion allows for arrest record sealing with specific exceptions for peace officer applications and criminal justice agencies.

10% progression
Bill has been formally introduced and read for the first time in its house of origin (2/5/2025)

Key Dates

Next Step
Referred to the Assembly Standing Committee on Public Safety
Next Step
Assembly Committee
Referred to the Assembly Standing Committee on Public Safety
Hearing has not been scheduled yet
Assembly Public Safety Hearing
Assembly Committee
Assembly Public Safety Hearing
Assembly Public Safety Hearing
Read first time. To print.
Assembly Floor
Read first time. To print.
Read first time. To print.

Latest Voting History

April 29, 2025
FAIL
Assembly Committee
Assembly Public Safety Hearing
AyesNoesNVRTotalResult
2439FAIL

Contacts

Profile
Tom LackeyR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
James RamosD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Matt HaneyD
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Juan AlanisR
Assemblymember
Committee Member
Not Contacted
Not Contacted
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Not Contacted
Not Contacted
0 of 10 row(s) selected.
Page 1 of 2
Select All Legislators
Profile
Tom LackeyR
Assemblymember
Committee Member
Profile
James RamosD
Assemblymember
Committee Member
Profile
Matt HaneyD
Assemblymember
Committee Member
Profile
Juan AlanisR
Assemblymember
Committee Member
Profile
Stephanie NguyenD
Assemblymember
Committee Member
Profile
Mark GonzalezD
Assemblymember
Committee Member
Profile
John HarabedianD
Assemblymember
Committee Member
Profile
Maggy KrellD
Assemblymember
Bill Author
Profile
Nick SchultzD
Assemblymember
Committee Member
Profile
LaShae Sharp-CollinsD
Assemblymember
Committee Member