Mental health diversion.

Senator Stern's mental health diversion legislation modifies California's pretrial diversion program by requiring defendants to explicitly agree that their recommended treatment plans address their specialized needs. The bill also redefines pretrial diversion to ensure courts verify that treatment programs align with the fundamental objectives of mental health diversion.

The legislation maintains existing eligibility requirements for defendants diagnosed with qualifying mental disorders while adding new provisions for treatment plan oversight. Courts must now confirm that recommended programs serve both the defendant's specific mental health needs and broader diversion goals. The bill preserves current timeline limitations of two years for felony cases and one year for misdemeanor cases.

Under the modified framework, mental health treatment providers must submit regular progress reports to the court, defense, and prosecution regarding participants' treatment compliance. The bill also clarifies procedures for restitution hearings during the diversion period, while specifying that a defendant's inability to pay due to indigence or mental disorder cannot disqualify them from participation. These changes aim to balance treatment effectiveness with procedural safeguards while maintaining existing protections around program access and record confidentiality.