Mental health diversion.

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

The legislation preserves courts' authority to deny diversion when defendants pose physical safety risks to others, separate from existing assessments about the likelihood of new violent felonies. Under current law, courts evaluate whether defendants will commit specific violent crimes, but the new provisions create a distinct pathway for judges to prevent diversion based on broader safety concerns.

For eligible defendants diagnosed with qualifying mental disorders, the amendments maintain existing program timeframes - up to two years for felonies and one year for misdemeanors. The bill retains exclusions for serious crimes like murder and sexual offenses while continuing to require that mental health conditions played a substantial role in the charged offense. Upon successful completion, participants remain eligible for charge dismissal and record sealing, with limited exceptions for peace officer applications and firearms restrictions.