Mental health diversion.

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.