Diversion.

Assembly Member Nguyen's mental health diversion legislation modifies California's pretrial program by expanding exclusions and adjusting eligibility requirements for defendants with mental disorders. The bill adds attempted murder to the list of disqualifying offenses and excludes defendants diagnosed with conduct disorders that cause or threaten physical harm to people and animals.

The legislation removes the requirement that courts must find defendants eligible for diversion unless there is clear and convincing evidence that their mental disorder did not contribute to the alleged offense. It also adjusts the public safety standard, requiring that defendants pose no risk of danger if treated in the community rather than the current "unreasonable risk" threshold.

The pretrial diversion program allows courts to postpone criminal proceedings while defendants undergo mental health treatment, with periods lasting up to two years for felonies and one year for misdemeanors. Defendants must be diagnosed with qualifying mental disorders, excluding antisocial personality disorder and certain conduct disorders. The court considers factors including treatment plans, criminal history, and victim rights when determining suitability. Upon successful completion, charges may be dismissed and arrest records restricted, though certain disclosures remain mandatory for peace officer applications.