California's 2018 mental health diversion law, which allows criminal suspects to receive treatment instead of prison, is being revised after reports of violent offenses by participants. Assembly Bill 46 would make it easier for judges to deny diversion and require stronger evidence linking mental disorders to crimes.
- The bill lowers the threshold for judges to deny diversion from 'unreasonable risk' to 'substantial and undue risk'. - It raises the standard of proof for mental health experts from 'preponderance of evidence' to 'clear and convincing evidence'.
- Supporters cite cases like Jordon Murray, who allegedly committed a fatal stabbing after being released under diversion. - Opponents argue the law is effective and the changes would harm vulnerable populations, especially people of color and low-income individuals.
The bill has passed the Assembly and is moving through the Senate, with a 5-1 vote in the Public Safety Committee.